Unauthorized deposit and withdrawal by joint account holder

[Coot]

Are you reading the same post?

There is no game going on. I simply was asking for advice. I thought that was what this board was all about. But after reviewing some of your other posts, it seems that you are more interested in gossip than in offering sound legal advice.

I will not respond any further and will not read any further, so no response is necessary. Obviously, you are incapable of reading the post for what it is. Being insulted by you and made to feel like I have done something wrong is totallly uncalled for.

In the future, it would be wise to make sure you UNDERSTAND what the person posting is asking advice on. Don't try to lay a guilt trip on people because you have poor eyesight. That is no excuse for your attitude. If you believe someone is giving misinformation or playing games and your eyesight is so poor, why would you bother yourself in replying? Nothing has been misrepresented.

Again, thanks to those who UNDERSTOOD what is going on and had suggestions for how to handle the situation.

 

[rmet4nzkx]

Hey, it doesn't matter what you claim here, if and or when you consult an attorney re this, they will ask the same questions, it is not gossip, it is necesary information, your reluctance and defensesiveness is indicitive of someone who is not forthright, e.g. a games player with an obvious agenda.

So, you reviewed my other posts? That takes a lot of time and effort and is a phrase frequently quoted by troll's. Certainly another defenseive tactic, again no one here, with any expertise has jumped on this thread, as happens with the slightest suggestion of something less than an appropriate or debatable answer, because the questions and advice were appropriate and there are those who love nothing better than to argue about such things and have even today, something you would know if you had really read so many other posts.

Yes, I read your posts and the story constantly changed. A red flag. Who are you now, step parent or parent? I was quite kind and patient, far more so than others here who wouldn't have taken the time to answer you with your obvious bias and misrepresentation without using some less than nice names.

Those who have been here for some time have seen your game time and time again and are tired of answering such posts. I have said nothing out of line, your reaction is typical for someone who is caught. They also know my area of speciality and also that I have a valid (vision) problem, it is not because I have not misread ANY of your posts. By the time I was replying my vision was so poor that I quite literally couldn't see well enough to read what I was typing and took the time to respond to you rather than wait. I have rested and my vision is better now, it still doesn't change your continually changing story or my response. I understand exactly what you are asking and why you are not being honest with us.

Good luck when you consult an attorney, go ahead lie to them and pay them the big bucks, don't get upset when the ask they same questions or quesiton your motives. Please, just don't put you step/son in the middle of your personal agenda.

 

[Veronica1228]

Okay, I am not a lawyer, but I am a banking officer at one of the largest banks in the country, and I am very knowledgable about banking laws. Let me just reiterate that what has been said so far is absolutely correct.

1) Writing "for deposit only" on the back of a check that is made payable to the student, and then deposited into an open/active account with his name on it is perfectly legal.

2) Transferring funds from an account that she is a joint owner, signer, or POA on, into an account that she is an owner, signer, or POA on, is also legal.

I'm not saying she is morally right in doing what she did, but based on the info posted, she has not broken any laws.

Sorry this is not the answer you were looking for.

 

[BelizeBreeze]

Okay, I am not a lawyer, but I am a banking officer at one of the largest banks in the country, and I am very knowledgable about banking laws. Let me just reiterate that what has been said so far is absolutely correct.

1) Writing "for deposit only" on the back of a check that is made payable to the student, and then deposited into an open/active account with his name on it is perfectly legal.

2) Transferring funds from an account that she is a joint owner, signer, or POA on, into an account that she is an owner, signer, or POA on, is also legal.

I'm not saying she is morally right in doing what she did, but based on the info posted, she has not broken any laws.

Sorry this is not the answer you were looking for.

That's the danger in not reading the ENTIRE post Veronica. Otherwise you might have seen the following in the original post.

"His checking account listed her as an authorized user, but he had closed the account. "

 

[Veronica1228]

That's the danger in not reading the ENTIRE post Veronica. Otherwise you might have seen the following in the original post.

"His checking account listed her as an authorized user, but he had closed the account. "

No, you missed later posts that state that they were wrong and the account was never closed!!!

"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."

 

[Coot]

Veronica,

Your response was EXACTLY what we were inquiring about. Thank you so much for taking the time to read the post and answer intellectually.

Ultimately, the money matters are between him and his mother. We have nothing to gain, except helping him get what is rightfully his.

 

[rmet4nzkx]

Veronica,

Your response was EXACTLY what we were inquiring about. Thank you so much for taking the time to read the post and answer intellectually.

Ultimately, the money matters are between him and his mother. We have nothing to gain, except helping him get what is rightfully his.

You had the same information given in post #9 but only after dragging the information out of you because what you gave at first was in error when you tried to make it look like the mother was commiting fraud when you knew she wasn't. Subsequently you attacked me for giving you the same information, Veronica only confirmed what I told you several times if you read what she said, perhaps you can see that she was refering to my response which you dissed. Mom did nothing illegal and it is between him and Mom.
"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.(a little leverage for sonnyboy)....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." It sounds like your son isn't ready to handle his finances, not unusual at his age, he will need help for some time and it may be his mother who helps him, but that is up to him to decide, not for his step mother to try to stir up trouble for trouble's sake, I say that based on your original statements claiming the account was closed and that she abused her employment as a teller whereas in fact, the account was open and she was authorized.

 

[Veronica1228]

To Fast: It is a common misconception that bringing an account to a $0 bal will make it close automatically. This often happens eventually, but usually only after the account has been zinged with numerous Maintenance fees for not meeting balance or other requirements. Nothing in any of the OP's posts suggests that the student was led to believe this misnomer by the mother.

To Coot: I'm glad my post was helpful, but I'm afraid Rmet is correct. I was really just backing up his correct information. I just wanted to do it in a slightly less controversial manner because while his advice/info was sound, it seemed as though you were too angry at him to hear what he was trying to say.

To Rmet: Hope I didn't step on any toes or refer to you as the wrong gender. I took a guess.

 

[rmet4nzkx]

To Coot: I'm glad my post was helpful, but I'm afraid Rmet is correct. I was really just backing up his correct information. I just wanted to do it in a slightly less controversial manner because while his advice/info was sound, it seemed as though you were too angry at him to hear what he was trying to say.

To Rmet: Hope I didn't step on any toes or refer to you as the wrong gender. I took a guess.

Thanks for the support, this whole thread is a typical one for a step parent along with the response when they don't get what they want to hear or are forced to tell the truth. Funny thing, there is no more response from OP since being discovered in their lies, lol!

I have seen cases where a savings account had to maintain a minimum balance $300, that was not met because a portion of it was used to cover a check overdraft $5, and that small amount was not replaced and eventually the entire amount was eaten up by maintenance fees $15 p/m over several years, that's why I said that the money may have been perserved by moving it from the empty account to the mothers, also as an authorized user on the account, she could move funds, but not close the account except under specific circumstances.

I am female but have big feet and used of people stepping on my toes

 

[rmet4nzkx]

To anyone:
Everything in this thread leads me to believe that preservation of capital was not the true underlying motive for the mothers actions. Be it revenge, be it mothers spitefullness, or be it chapter 8 of their lives (emancipation and it's true reprocussions), the fact is inescapable that the mother has injured her adult son. She has the money --not him! Revenge if any is on the part of the step-mother therefore her false accusations. There is no injury to the son, nothing illegal, that is the fact.

The OP is clearly looking for direction. No they are seeking revenge and it is SHE not He inquires, go to bank? or go to attorney?

Now, the OP cannot take medicine for some elses cold, so statements that assure the OP that the mother has not broken traffic, agricultural, or banking laws is not and will not provide this direction. It most certainly does, there was nothing illegal so important not to pursue the wrong course of action.

However, stating which banking laws have and have not been broken does provide meaningful insight, but you cannot overlook the injury on grounds that banking laws have not been broken. There have been no laws broken, do you get it, if no laws are broken, there is no injury! It isn't injury just because a step-mother is spiteful and seeking revenge against the mother.

To Veronica:
You said "Nothing in any of the OP's posts suggests that the student was led to believe this misnomer by the mother".

Although I could argue this to exasperating depths, I'll concede and agree with the 'spirit' behind what you mean, but keep in mind that I posted an interogative to elicit a response that could make your point mute. It serves no useful purpose to confuse the issues, that is all you were trying to do.

This thread has nothing to do with the mother's motives.

The mother did nothing illegal, it has to do with the STEP-MOTHER's false accusations against the mother and trying to stir up trouble. The STEP-MOTHER not the SON or FATHER, lied to us, initially and made several other accusations for which she refused to substantiate, such as, the wording of the decree which entitled the son to this money in the first place, when it's intended purpose for education was not fullfilled.

The fact that they continued to refuse to clarify this after admitting they lied about the account being closed, when it was open, suggests more lies and the possibility that although the mother did nothing illegal with the deposit or the transfer, may actually be entitled to the money or holding it for her son with his knowledge or consent, we don't know, because OP who is the step mother, has not told us what she doesn't want us to know and shouldn't even be involved with this in the first place.

It is between the son and his mother. Yes it is possible that transferring it to the mother's account may have some valid purpose and preserve the capital, this may be a bonus, but still nothing illegal. This was a legal question, not one of morals nor could we even answer a morals question based on lies.

The only moral question we can answer is the question of why work so hard for scholarships and deprive another the same money when the student has no intent to go to school. The answer is the student should not have applied for scholarships when they were not capable of the work or no desire to go to college. There is some suggestion that the father and step-mother may ave encouraged the son not to attend college for some reason, could it be to avoid continuing promised support?

Somehow I think that there is something more to the story about why this student dropped out and didn't have access to his finances than the step-mother is telling us hence the failure to tell the truth.

 

[Veronica1228]

And by the way, its MOOT, not mute!!! I have never been accused of being mute in my entire life!!!!!!!!!!

 

[Coot]

Rmet, I never inquired about your gender because I knew you were a gossip looking for trouble or a story that wasn't there. I suspect you are middle aged, over weight, and have few friends.

You have accused me of lying, which I haven't, you have accused me of posting when my husband posted, which I didn't, and you have accused me of wrongdoing regarding my step son, which is bogus. Since you are so defensive of the mother, this leads me to believe that you yourself are an immoral person. For the most part, if you are untrusting of others it is a reflection of yourself. Making accusations based upon the fact that I am the step mother, and for no other reason, makes me believe that you have real issues with a step mother in your dealings. You are too emotionally involved in this post, maybe you should see a doctor, there are meds you can take that can help you control your emotions.

Initially, my step son thought he closed the account. Later he found out that draining the account didn't close it. Case closed. This was misinformation we were given, not an assumption, not a lie, misinformation from my step son.

While the mother didn't do anything legally wrong, she was morally wrong for transferring HIS money into HER account. The money was his, if she wasn't planning on taking it for her own, she would have left it in the joint account. Anyone with half a brain can see that she had no intention of giving him HIS money.

When my step son moves into my house and is constantly upset by his mother's actions, it involves me and I will help him if at all possible. Just as I would my own children if they were in the same situation. When it is brought into my home it becomes my business, when it concerns my family and my finances, it becomes my business.

Veronica, you may have voiced the same as Rmet, but I didn't ask for the soap opera that Rmet tried to create. I simply asked for advice regarding this chain of events. You simply answered without calling me a liar and I appreciate that.

 

[dgingrich]

unauthorized deposit

Coot, Don't waste your breath w/these ppl. I also am a stepmom who only has my stepson's best interests at heart. I also wrote in here and asked a simple question. I also was attacked for sticking my nose where it didn't belong. These ppl just don't get it. Everywhere you look there is remarriage and stepparents involved. Fact. It scare's me to think where some children would be today if the evil stepparent didn't get involved. I think you are right when you said they think this is ***** Dr. Phil. This is nothing like it purports to be.

 

[Coot]

Thanks for your words of support. I guess I was wrong in thinking this was a legal forum that might have qualified people posting responses. Maybe it should be renamed "The Busybody Forum".

 

[LdiJ]

Veronica,

Your response was EXACTLY what we were inquiring about. Thank you so much for taking the time to read the post and answer intellectually.

Ultimately, the money matters are between him and his mother. We have nothing to gain, except helping him get what is rightfully his.

Actually, she did do one thing that was illegal. Opening his mail and taking possession of the check in the first place was illegal.