Legal Question in Banking Law in Virginia

My girlfriend and I have a joint checking account. I sold my house a few months ago and made a deposit into the account of $30000. I have just recently found out that she has written checks for over $4000. I confronted her about it and she has agreed to pay me back the money and I have closed the account just yesterday and opened my own. The bank called me today about it and asked about prosecuting which I said I would not. They then said that they would prosecute for fraud. Is this really viable? I certainly don't trust her with my money anymore but I don't want to see her go to court. If it's a joint checking account, wasn't it "legally" both of ours and the checks written not fraudulent?

Asked on 6/17/10, 6:57 pm

1 Answer from Attorneys

Daniel Press Chung & Press, P.C.

As a joint checking account, she had a legal right to the money in it. Whether the two of you had a different agreement between you is a different issue and one that would not create criminal liability.

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Answered on 6/18/10, 3:18 am

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