Unauthorized deposit and withdrawal by joint account holder

[Coot]

What is the name of your state? Texas
My step son received a refund check from a University. This check was sent to his mother's address. His checking account listed her as an authorized user, but he had closed the account. She works at the bank as a teller. When she received the check, she didn't tell him, she knew he was waiting for the check. She wrote "For Deposit Only" on the check, deposited it into the closed account and transferred the funds to her account. The check was made out to him and only him. Legally, what can he do to get this money from her? Can the bank be held responsible? What course of action does he need to take?

She also has money awarded to the son in the divorce that she refuses to give to him.

 

[rmet4nzkx]

Is your son still a minor? You have left out some significant details.
Does this involve post secondary educational support?

Your son can report the bank fraud to the bank, it is possible that in closing the account the mother was given the right to transfer funds into her account since she was an authorized person on the account or had POA.

The mother may be entitled to the monies if she paid the tuition and it was a refund.

If she is opening his mail that may be postal fraud as well unless there is something giving her POA.
It sounds like your son needs to get on the phone Monday morning.
The other question there is not enough information to answer.

 

[cmorris]

I suspect this is a refund check from a loan or grant (as a college student myself, I get these every semester). If so, the SON is responsible for paying the loan money back later after deferment (unless a parent PLUS loan).

As rmet suggested, provide more info.

 

[Coot]

Sorry for insufficient info...

He is 18, this is a college refund check. He recently dropped out of college. The check is for $2600. This amount was paid out of the funds that he was to receive upon emancipation. His mother didn't pay a dime out of her own pocket for his education. So, this is his money, there is no question about that. It was made out to him and she manipulated the situation and took posession of the funds...while working at the bank.

He dropped out of college within the time period allowed so he is not responsible for repaying scholarships, they will go back to the school. There is nothing left to pay the school, and if there was, he would be responsible for payment, not her.

We need to know where to start. Does he talk to her supervisor at the bank or an attorney first? Is this a matter to be filed at the County Attorney's Office? I feel certain he will need to consult with an attorney regarding the funds awarded to him in the divorce that she won't release to him.

 

[rmet4nzkx]

Me thinks there is still more to this picture, scholarships and then dropping out of college, WHY? Contact the bank about the refund check and an attorney about the other funds, we can't help you here if you don't give us the whole story.

 

[kidoday]

Rmet- who cares why he dropped out of college, that doesn't have to do with anything regarding the initial question.

The question is what can they do to get the money back? Was it illegal for the mother to handle the transaction the way she did?

I suspect that the mother used a for deposit only stamp and will deny putting the money into that account. The transfer of funds into her account can be verified.

I definately would be contacting an attorney on Monday.

 

[Coot]

The rest of the story

There really isn't much more to the story, he is 18, wasn't prepared for college and was convinced to major in finance. It didn't take him long to realize he was in over his head. If he continued and didn't maintain a 3.5 gpa, he was going to have to pay back his academic scholarship. He wasn't going to a state college and tuition was outrageous. Like alot of other unprepared 18 year olds, he decided to take some time and pursue other things. At some point, he will be enrolled in college. Just not the same college and not for finance.

Bottom line is a check was sent to him to his mothers address, she opened it, deposited it, and transferred funds to her account without his knowledge. I feel like she took advantage of her position at the bank. He is going to get a copy of the cancelled check to see what actually happened with it, who was involved and so forth.

 

[Coot]

I almost forgot

He told us today that the account wasn't closed. He thought when he went to the bank and removed the funds in it, it would automatically close. He's learning some of life's lessons the hard way.

 

[rmet4nzkx]

If the account wasn't closed and mom was authorized on the account, she may have done nothing wrong and in theory. Since most accounts have periodic charges, leaving the money in the account would have eventually wittled away at the amount whereas putting it in mom's may have perserved it, hopefully mom will return the money, otherwise let her know he will contact the bank.

That is a lot of work to go to the trouble of obtaining scholarships, which in turn prevents someone else who needs and want's one from geting it, when most likely he knew before, Finance wasn't his thing, especially if he didn't even know basic things like how to close a bank account. This is not all mom's fault.

 

[cmorris]

Has he talked to his mother about this? Maybe he could let her know that HE knows about her illegal activities and is prepared to go to the police...

I'm assuming she doesn't have POA, so she had no right to open his mail or cash his check. Now, if he had deposited it into the checking and she had removed the funds, that would be a different story. But it looks like he has the right to report her to the police once he gathers some evidence (police are very busy!). Once she realizes this, maybe she will be more cooperative.

 

[Coot]

Responding to Rmet

Well, you wanted more information and I gave it to you. None of the additional information is really relevant to what his mother has done. The money is his period. She opened HIS mail without HIS permission. She deposited HIS check without HIS permission or knowledge, then transferred HIS money into HER account. The scholarship money remains with the college. The money that was refunded was what was paid out of HIS money awarded to HIM in the divorce decree.

She is totally uncooperative. She insists that he wasn't awarded ANY money in the divorce, but the divorce decree says otherwise. I think it is ridiculous that this will have to go to court to get his money when it was ordered in the decree.

There is alot more to the story, this is just one chapter. The rest of the story isn't relevant to what his mother did.

I don't see how you can defend her when she has done something so very wrong? She encouraged him to go to one of the most expensive private colleges in Texas, she encouraged him to pursue a career in a field that he knew nothing about and when he went to her with problems she went insane. She did nothing to prepare him for college. I realize he plays a role in this as well. She did everything in her power to keep him from seeing his father for the past 3-1/2 years. His father has had no input at all regarding his college decisions. He tried to convince him to go to a Jr college or a State college for financial reasons, but that was out of the question. I think it was ridiculous for him to commit to a career field as a freshman with no prior knowledge or experience, but again, these decisions were made with no regard for anyone else but his mother. But I guess you're right it's not all her fault that she did what she did, what else could a woman like THAT be expected to do. She did exactly what a person with her character would do. I guess there is nothing else to do except nominate her for mother of the year.

BTW, she does know that he is aware of what she has done. She has never admitted to wrong doing in the past and this won't be any different. The police or an attorney will have to get involved to tell her otherwise. I just was looking for some advice on who to contact. As for the bank charges, you've got to be kidding, right? $2600? It would take a very long time for the bank to consume this amount of money.

 

[cmorris]

About the check, go to the police with evidece. As for the money in the divorce decree, you will likely have to hire an attorney. But the good news is that the mother can be held responsible for his attorney's fees! Start gathering evidence first, go to the police, and then visit an attorney. Good luck to you and your step-son.

 

[rmet4nzkx]

You are the step parent, you need to step back. You have given information that was not exactly accurate and meant to elicit one specific response, you have witheld other information that was needed to give you an answer, if you don't want to tell us the truth, then don't waste our time asking us questions that common sense should tell you how to handle aside from what you are not involved in in the first place. The story changes. POA or not your step son may have given his mother authorization to open his mail if he also had her on the account.

Spin it any way you want, your step son has a part in this, it is not all the fault of the mom, whether or not you like it. I'm not saying she is up for any award. That is the fact, depositing a check into an account "for deposit only" is legal, transferring funds into another account when she is an authorized person on that account is also legal. Your stepson should have closed his account. Then you throw in the "Dad doesn't have any say card into the mix." and of course he is going to encourage son not to go to college right away or pay for private college if he is paying for it so he can delay or not pay at all which would make you happy.

When the son contacts his mother and tells her he will go to the bank, she will cooperate. Without knowing what the decree says, we can't comment on that other than your initial information was not on target, so perhaps it is the money he was intitled to, perhaps not. If this is the same money as in the check that was transferred and originally you seemed to be referring to a refund check and separate money from the settlement, if it does belong to mom she may have done nothing wrong, so think twice before trying to get someone in trouble for doing something they were authorized to do in the first place. Remember there are penalties for making false police reports so be sure of what is reported and by whom.

 

[Coot]

Omg

rmet4nzkx
OK, the step parent has stepped back now and this is the "dad". How ignorant are you? The original question was a simple one. I would waste time and space repeating it, but you can go back and read it. Information was not withheld, only given as you requested more. We thought this was a legal forum, not Dr. Phil. It does not matter if I'm a *******, the step mom is a bitch, or the mom is a bitch. The question was a simple one. Obviously too much for you to handle. You just want gossip and not the facts. You want to solve a problem when you don't need to know the problem. ALL we wanted was a simple suggestion as to where we start first, the bank or an attorney. If the bank can do something, we won't need to get an attorney, they are as dim witted as you are. You are an idiot, not for disagreeing, but for not reading the question and simply answering it. Also for thinking anybody would care what you have to say. I can't believe I am even responding to you. How dare you question my involvement in my son's life! How dare you question my wife’s involvement, how dare you question my son's involvement in regards to the scholarship money with the college. You do not know the circumstance. You do not need to know the circumstance for you to answer a simple question. You could have simply answered, "If the mother is on the son's account, then she did nothing wrong." Instead, you feel the need to play a counselor or something. I don't even know what your credentials are. It certainly isn't professional. A simple answer to a simple question was all that was required. It matters not if I agree with it or not. I just wanted something as this is the weekend and the attorney’s offices are closed. I will have to take off work and if someone on here had some intelligent insight or experience to expedite the resolvement of this issue, it would have been helpful. I will do what ever needs to be done. I did not want to go to the lawyer's office if the situation could be resolved at the bank. Thanks for wasting my time. Do others a favor and unless you actually know something, don't respond to them either.

We are not the bad guy, we are trying to help him. He is not trying to rip HER off or the college for that matter. The money is legitimately HIS. You don't need to know everything involved in why the money is his, we have a decree that says it is his. She used this money to pay to the college. It really is THAT simple. SHE used HIS money and when it was refunded she STOLE it. That is the bottom line. We are not trying to get the money for ourselves; rather we are trying to get him what is rightfully his. We have absolutely nothing to gain from this. The headache involved in getting the money back to him is not something we enjoy, but we believe it necessary to help him.

cmorris
Thank you for reading the question and giving a simple answer.

 

[rmet4nzkx]

If what I said was wrong or unprofessional, or I asked the wrong questions, trust me, there would be a lot of people all over me in a hot second!

Step mom didn't have or withheld information needed to give an accurate answer. The other responder may have told you what you wanted to hear, but that is not what this site is for, it is to give you advice that you can use and you have to be honest otherwise we cannot give it. That is why it is a waste of time otherwise, I have better things to do than play games with someone who isn't honest or has their own agenda. Don't expect an attorney to play games with you forever, either, they expect the truth, except they will charge you by the hour, so better figure to give them the truth up front.

Some information given by stepmom was inaccurate.

Taking it all into consideration, I gave advice based upon what was presented and qualified considering what was withheld. Mom has done nothing wrong, the check was deposited into an open account and legally transferred. There is no way to determine if and or what his interest in the money is insofar as the divorce decree especially when "neither" of you will disclose the truth, that usually indicates what you are saying is false or misrepresentation.

Too much of your story lacks JIVE, and the intent an old, old story.

Please, we are not stupid, hardly a week goes by without a similar story of some sort by a step parent blaming something on the custodial parent and then switching "roles" when posting. You didn't come here to get stupid advice, then why play stupid games?

Your son is an adult, it is time he started taking responsibility. He can talk to his mother, let him do that. Don't make it worse by putting him in the middle of your ongoing fights. You need to take responsibility for your actions as well and quit putting your son in the middle, looking for ways to put his mother in a bad light. The mere fact that you are withholding information strongly suggests your motives are not in your son's best interest.

I went to a lot of trouble answering your quesitons, I connot even read what I have typed because of vision problems, so I am not so keen to play games.