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Statue of limitation

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A

Ali Sabet

Junior Member
What is the name of your state?What is the name of your state? CA

About 3 years ago, I was out of the country, my ex-wife transferred cash from my brokers account (online), the check was mailed to my address on the account which was my residence with my ex-wife (I failed to do a change of address after the divorce).
My ex-wife deposited the check (without endorsing) into a joint account (that I failed to close).
She used the funds about $30,000 and would not refund it.

While this has "fraud" all over it, she did the transaction on line using my account login and password, and didn't endorse the check before depositing. I have a proof that I was out of the country.
What is the statue of limitation on such case?
Can I sue her for the money, would I have a chance?

I know it sound that I was too stupid, but I was too trusting. Please help.
 


I

I AM ALWAYS LIABLE

Senior Member
Ali Sabet said:
What is the name of your state?What is the name of your state? CA

About 3 years ago, I was out of the country, my ex-wife transferred cash from my brokers account (online), the check was mailed to my address on the account which was my residence with my ex-wife (I failed to do a change of address after the divorce).
My ex-wife deposited the check (without endorsing) into a joint account (that I failed to close).
She used the funds about $30,000 and would not refund it.

While this has "fraud" all over it, she did the transaction on line using my account login and password, and didn't endorse the check before depositing. I have a proof that I was out of the country.
What is the statue of limitation on such case?
Can I sue her for the money, would I have a chance?

I know it sound that I was too stupid, but I was too trusting. Please help.
Click to expand...


My response:

Don't you remember that you gave her permission?

IAAL
 
V

Veronica1228

Senior Member
Ali Sabet said:
What is the name of your state?What is the name of your state? CA

About 3 years ago, I was out of the country, my ex-wife transferred cash from my brokers account (online), the check was mailed to my address on the account which was my residence with my ex-wife (I failed to do a change of address after the divorce).
My ex-wife deposited the check (without endorsing) into a joint account (that I failed to close).
She used the funds about $30,000 and would not refund it.

While this has "fraud" all over it, she did the transaction on line using my account login and password, and didn't endorse the check before depositing. I have a proof that I was out of the country.
What is the statue of limitation on such case?
Can I sue her for the money, would I have a chance?

I know it sound that I was too stupid, but I was too trusting. Please help.
Click to expand...
You can forget about the entire endorsement issue. A check does not have to be endorsed as long as the payee of the check is on the title of the account. Simply writing "For Deposit Only" or having the bank stamp the back of the check is sufficient. This does not constitute fraud.
 
V

Veronica1228

Senior Member
I AM ALWAYS LIABLE said:
My response:

I love it when you're under me.


IAAL
Click to expand...
Well, since you are much faster than I am, and we appear to be attracted to many of the same posts, I think it will keep happening. ;)

I've got to go to a cook out, so have a nice 4th! :)
 
I

I AM ALWAYS LIABLE

Senior Member
rmet4nzkx said:
FYI Rhubarb is back and asking to be banned. IAAL, can you put him out of his misery? He is posting to me and also to IAAL, I don't know if you saw it or not?
I have better things to do than to play with this imposter.

https://forum.freeadvice.com/showthr...785#post1021785 https://forum.freeadvice.com/showthr...789#post1021789 https://forum.freeadvice.com/showthr...810#post1021810
Click to expand...


My response:

I already placed my order last night - - I'll take one Rhubarb to go, please.

IAAL
 
A

Ali Sabet

Junior Member
Veronica1228 said:
You can forget about the entire endorsement issue. A check does not have to be endorsed as long as the payee of the check is on the title of the account. Simply writing "For Deposit Only" or having the bank stamp the back of the check is sufficient. This does not constitute fraud.
Click to expand...


But do you know the statue of limitation? can I try to sue her to get my money back?
 
I

I AM ALWAYS LIABLE

Senior Member
Ali Sabet said:
I don't think I ever did...and even if I did it wasn't in writing.
Click to expand...


My response:

Well, of course you did. That's her defense. You see, when you give someone else your identification and pin numbers and other account information, that's an indicia of your permission to access your accounts.

Have you ever climbed a mountain that was straight up? That will be your problem in court. Basically, you're screwed.

IAAL
 
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