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My wife has obtained access to my bank account, setup autodraft,without my authourity can i prosicute?
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My wife has obtained access to my bank account, setup autodraft,without my authourity can i prosicute?

me and my wife are estranged she had me arrested for CDV of course these charges are false. I was kicked out of my home (inheirited, not marital property) Things have been sour between us for many years. there is no legal way to have her extricated from my home,we also have a 14 year old girl.
PLEASE ADVISE!!!!!


    




mspriveye
Where do you live,? CALIFORNIA? I don't know what CDV is but inherited or not, here in Texas if you have both put money into maintaining or improving the inherited property then it is community property. You should want the best for your daughter, dude.


gotseatbelts
It would depend on your state laws but in Illinois if you are still married good luck on doing anything because whats yours is hers unless there is a court order stating something different


William R
was this bank account origionally joint? if not then yes prosicute and make her pay. then take her to court and get custody of your daughter uses this inccident as a reason of her unfitness as a parent and get your house back.


DENISE
yes you can and you need to call the bank and get her off your account and soon before you go bankrupt,she can clean you out and get all your money,and then start a new account with a new bank.


wmichgrad
Are you divorced? If so, you should be able to prosecute for identity theft on the bank account issue. Also, if you are divorced, then the property issue should have been settled in the divorce proceedings. If you are not divorced, then you may want to work on that.


suzanne
You need to remove your name from all joint affairs including your bank account. If you use internet or phone banking, change your passwords, and if you use ATMs change your PIN number, especially if you told each other what these were.

You need to protect yourself legally, and ensure you are not leaving yourself open for this to happen.

If she has set up an overdraft that is no big deal, however if she has proceeded to withdraw up to the limit (ie use the funds) that is the bank's problem. You need to contact them ASAP and allow them to investigate how their systems failed, and seek redress from them.


Flea©
If it isn't a joint account, and solely in your name, I believe you can.


Chicken Jones
Rating
as long as you are legally married with no seperation agreement, you are forked my friend.


joelgmt
I would go to the bank and explain it first. Also talk to an attorney. If your wife is not on your account, she shouldnt have access to it. Now, the court may have instituted wage garnishments if you have not been paying support.


mushthissel
Rating
Yes you can. Don't wait to long. What could be next?


spottedtan5
Call the bank and ask them their policy. If she signed the papers putting her on the acccount by forging your name, that is illegal & she will get into trouble for it. The worst case is that you have them remove her from the account and remove the autodraft from it.


reallyfedup
Rating
If she is still your wife, then it is her money too.


cantcu
She can't access your account unless the bank has a signature card! If she isn't on it, accessing it is a crime! It is called theft!


JAMES11A
1. Set up your own account. Do not put her name on that account.

2. Divorce her. In the settlement you must show how you came into possession of the house.

3. In most states, you would not be able to prosecute. Sue her civilly.


votefromtherooftop
Rating
If you set up the account together, then no you can't most states
are community property states.

But you can CLOSE the account if you opened it to begin with.





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