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Old 03-05-2007, 01:06 PM
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Question Divorce/ joint bank acct help!!

for my sister that has been taken by a jerk of a man.. They have a joint bank acct in which is student loans are being pulled from. He won't work and never has, so it is her check that is being direct deposited paying on these things. The bank won't let her take her name off of the acct unless he signs.. well why would he sign.. it is his bills being paid for free. anyway around this?
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Old 03-05-2007, 01:18 PM
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Couldn't she open another account to deposit her checks into? and just change her bills to that one?
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Old 03-05-2007, 01:23 PM
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If she is already divorsed bring the proof in and reuqest a manager they will remove him or if they don't they will at least open her a new account just with her name.
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Old 03-05-2007, 01:25 PM
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Are the student loans the only payment coming out of the checking acct? Are the student loans in his name only? Just because her name is on the joint account doesn't mean she has to deposit her money into the account. Open another account for her personal use. Don't worry about the student loans being paid unless her name is on them also.
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Old 03-05-2007, 01:28 PM
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First your sister needs to go in and take all the money out and open a new account in a different bank. Then your sister needs ask your banking institution to "freeze" the accounts in question and not allow monies in or out of these accounts without authorization by both parties. That way she can say, "No," and there won't be any money in the account for them to take anyway, and then since she doesn't have an account at that same bank, they can't do anything to her. She needs to probably also put a freeze on her credit report, because he most likely has her SS# and can open accounts in her name (she needs to get a current copy to make sure he hasn't already). Good luck to her!
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Old 03-05-2007, 01:33 PM
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Quote:
Originally Posted by beckyandplacido
First your sister needs to go in and take all the money out and open a new account in a different bank. Then your sister needs ask your banking institution to "freeze" the accounts in question and not allow monies in or out of these accounts without authorization by both parties. That way she can say, "No," and there won't be any money in the account for them to take anyway, and then since she doesn't have an account at that same bank, they can't do anything to her. She needs to probably also put a freeze on her credit report, because he most likely has her SS# and can open accounts in her name (she needs to get a current copy to make sure he hasn't already). Good luck to her!
thank you!! how does she freeze her credit report? great point that i had completely forgot about!!
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Old 03-05-2007, 01:38 PM
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Anyone can ask the three major credit reporting agencies to place a fraud alert on their credit reports. Fraud alerts are supposed to alert you when someone applies for credit in your name and signals creditors to contact you for permission to issue credit in your name. Residents of any state can put a fraud alert on their reports. Creditors, however, aren't required to abide by or even check the alert.

Only some states allow you to freeze your credit report... You can do that by contacting the 3 credit reporting agencies. Here's an article on bankrate that tells what it costs for each state, and what each state allows for freezing credit reports. Here in Idaho they don't allow for people to freeze, so what I would do is put a fraud allert with all three agencies.
http://www.bankrate.com/brm/news/cc/20030613c2.asp
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Old 03-05-2007, 01:42 PM
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Originally Posted by beckyandplacido
Anyone can ask the three major credit reporting agencies to place a fraud alert on their credit reports. Fraud alerts are supposed to alert you when someone applies for credit in your name and signals creditors to contact you for permission to issue credit in your name. Residents of any state can put a fraud alert on their reports. Creditors, however, aren't required to abide by or even check the alert.

Only some states allow you to freeze your credit report... You can do that by contacting the 3 credit reporting agencies. Here's an article on bankrate that tells what it costs for each state, and what each state allows for freezing credit reports. Here in Idaho they don't allow for people to freeze, so what I would do is put a fraud allert with all three agencies.
http://www.bankrate.com/brm/news/cc/20030613c2.asp

Thank you so much! I'm calling her right now.
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Old 03-05-2007, 01:57 PM
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great advise!
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Old 03-05-2007, 02:11 PM
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Quote:
Originally Posted by parithed71
Couldn't she open another account to deposit her checks into? and just change her bills to that one?

I like this answer - seems logical to me! Or withdraw the money, yourself, so that his bill doesn't clear the electronic funds anymore...
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Old 03-05-2007, 02:36 PM
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wait.. so if the electronic withdraw sees there is nothing there it will quit trying to withdraw instead of keep withdrawing making huge bounced check fees?
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Old 03-05-2007, 04:14 PM
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Quote:
Originally Posted by refundsrus
wait.. so if the electronic withdraw sees there is nothing there it will quit trying to withdraw instead of keep withdrawing making huge bounced check fees?
OH Boy, thats a huge mess...I'm taking her jerk of a hubbie authorized the electronic withdraws for his student loan..I think she needs to get legal advice. Did she ever give permision for the electronic withdraw in writing?

Call the bank and asked them about electric withdraws and what happens when there is no funds in that account

I would also get a credit report to see if he open anything up in her name.
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Old 03-05-2007, 05:09 PM
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Quote:
Originally Posted by refundsrus
for my sister that has been taken by a jerk of a man.. They have a joint bank acct in which is student loans are being pulled from. He won't work and never has, so it is her check that is being direct deposited paying on these things. The bank won't let her take her name off of the acct unless he signs.. well why would he sign.. it is his bills being paid for free. anyway around this?
As long as the account is not overdrawn the bank can't stop you from taking your name off the account. I'd definetly be talking to a bank manager about this one.
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Old 03-05-2007, 10:21 PM
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Yes the bank can continue to charge the "bounced check fees" as long as the account is open. Even if there is no money in it, say the student loan tries to collect payment 3 times for that month, then there will be charges for 3 bounced checks, they will keep trying to get their money. She needs to open an account in her name at another bank.
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Old 03-06-2007, 12:33 AM
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If its a joint account I dont see why you cant just close it by yourself and open a brand new one somewhere else. I know several years ago when DH and separated we had a joint account and I was the sole income earner in the family and I didnt want him to touch the money, I just went into the bank and closed the account they didnt need both signatures, this was back in 1990 or so and the laws have changed, but I dont see why you cant close the account and open one in your name only. Something my MIL taught me was all women need to have their own separate bank account for those times when your relationship goes sour and he runs off with all the money, she should know all about it she was married 3 times and heading for a divorce when she died. I have my own bank account that DH doesnt know about I have the statement sent elsewhere. I wish you luck in whatever you do.
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Old 03-06-2007, 06:15 AM
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If her DH opened up the account she cannot close it. She can have her name removed and have her check deposited into a seperate account.
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Old 03-06-2007, 09:35 AM
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If she has legal separation/divorce papers, she should take them with her to the bank. She should also keep going up the chain of command until she gets the issue resolved. They can't keep her on the account if she doesn't want to be. She should open a seperate account (I'd even go to a different bank) and put her money in that account, be it via direct deposit, or manual deposit. Your employer can change the direct deposit account for her very easily.

If I'm not mistaken, sister's ex will be responsible for any debts incurred after they seperated. In other words, if the loan payment came out of the account after they seperated, he will owe her that amount since it is his debt.

The guy sounds like a true jerk! What is his excuse for not working? He'll be in for a real surprise when he doesn't have your sister to milk!
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