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Joint checking acount gone wrong

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Asterix

Junior Member
What is the name of your state (only U.S. law)? Ohio, Mentor

Prior to my brother being deployed in 2007 we opened a checking account together so that I could take care of his finances while he was overseas. In 2008 my husband and I moved from Ohio to North Carolina. When my brother returned home my name was left on the account and he moved into the condo that my husband and I own. Over the years I have wrote myself a check from this account every month for the rent, I have always checked the account before doing so just to make sure that there was enough money available. That is the only time I have used this account, I do not have a debit card for this account. The account has gone negative in the past and my brother has always brought it back into the positive. This time my brother has been going to payday loan establishments and using this account to take money out. The payday loan establishments are trying to take the money out of the account that is not there. This has been going on for over a month now. They take the money out one day and the next day they put the money back into the account, then there is a overdraft fee. At this point the account is negative almost $4000.00. He is not returning my calls, emails, or text messages. I have spoken to the bank and they have told me that my name cannot be removed from the account until the account is positive, but only with my brother being present. I can however close the account by myself once it is positive and there are no pending transactions. There are going to be pending transactions, because the cash advance establishments are trying to take the money out every day. So, even if I bring the account positive I will still have to pay for the cash advances and that is going to be close to $6000-$7000. That is just too much money to pay for my brothers mistakes. My brother has opened a new checking account that his paychecks are being deposited into. The bank has told me that after the account being negative for 45 days they will send the account to collections. They also told me that it is then sent to checks systems, and that check systems will take the money out of another bank account that I have to pay the debt that is owed. I have excellent credit, I pay my bills on time and my account has never gone in the negative. Please advise.
 


justalayman

Senior Member
pay the money to bring the account into the black, close the account, and sue your brother for whatever it costs you.


They also told me that it is then sent to checks systems, and that check systems will take the money out of another bank account that I have to pay the debt that is owed.
is your other account also at the same bank?
 

Banned_Princess

Senior Member
If you do have your own account with the same bank, go remove all the money from it tomorrow morning, if you don't want them to just take it. Hopefully you reach it first.

I'm pretty sure if you have your account at a different bank, they cant just take that. there is a process, a process you are likely to lose, so really what you have to do is pay the 4k and sue your veteran brother.

You should have removed yourself years ago. darn hindsight.






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justalayman

Senior Member
An outside entity cannot just take money from your account. They must first obtain a judgement and then exercise whatever rights they have to collect on that judgement which could include seizing the other account. If the account is in the same bank, I'm not sure the bank itself could even take the money. There are a couple people in banking that post here that could answer that. If it was a credit union and the two accounts were in the same credit union, the credit union could take from one account to cover a negative balance in another account in your name.
 

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