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Fun Legal Question...


owndjoo

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Quick question,

direct deposit for ex goes into my account MONTHS after we have split, she recently bought a bike from me and owes me the same amount that was deposited. I say we are now even but she wants the money and I know won't pay me the money i'm owed. account is and has always been solely mine with no authorized users. supposedly getting legal at her work involved. any advice? I see it as getting the money i'm owed, but want to make sure i'm not wrong since it's a direct deposit situation.

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That's the only thing, we had agreed that she would pay me back the down payment that I paid. The bike was a birthday present to me, in my name that she paid for, but i had to come up with half the down payment that she promised to pay me back. We split and she wanted the bike, so i told her to get a loan for the payoff price and give me my 1500
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Her companies HR/Payroll department shouldn't have accepted the direct deposit to that account unless her name was on the account. Some banks will even block the direct deposit unless the parties name is on the account.

 

As for the bike, do you have something is writing that she was buying the bike from you? That might make a difference.

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I already signed it over, they did a passthrough through her dealership. She let me keep $450 of the last amount that came through before she changed the direct deposit.

 

If they reverse it then they reverse it. But i'm not trying to go withdraw the cash and give it back.

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She charged a large amount on my credit card and put the rest on my debit card when the purchase was originally made, through her, at her dealership. I wanted that money back from day one to pay off the credit card. I never once set foot in the dealership during the process, just signed the sales stuff at home. She also got a nice commission off of that deal.
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Payroll probably won't care what you think she owes. They will just reverse it.

 

^^ came here to say this. They will insure it's deposited into her account. You need to go after her in court.

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1. I don't see how the payroll company can take back the payment from your account since you never authorized them to.

 

2. It would actually be better for you in this situation if it was a Joint account, since any and all funds deposited into the account would belong to both account owners.

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i've gotten some different info from some former bankers here as well. Some say that she knowingly deposited money into an account that was not hers. And only if we had a written agreement would I be liable to give her the funds. Once the funds hit my account they are mine, since she set that up. I had been giving her the money for a while, but told her to change everything and give me the $$ owed once we settled up the bike sale. such a friggin mess
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I would give it back and write her off, why bother dealing with a headache when you can easily avoid it. Money is just money

 

^^ this. especially given it's just a girlfriend and a bike.

 

my wife did family law for many years and as much as I'd hate to say if we ever separated for me it would be just flat-out easier, less stressful and tons tons tons cheaper to just agree where we can and fucking toss in the towel on areas we don't. I don't need stress.

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Here's 2 examples that have happened at my work.

1. payroll person flip flopped account numbers of 2 employees causing them to get each others paychecks. Money in their accounts gets frozen, removed, they get cut live checks for the correct amount instead.

2. payroll person fat fingers an hours column causing an employee to be paid 12k instead of $1,200 Money in their accounts gets frozen, removed.

 

What I assume to be true in this situation is that this isn't the first time it went to your account. That that is the way it often was and now that you are longer together she put in / should have put in for the change. Unfortunately money in your account doesn't make it your money.

 

Girlfriends may as well be in the category of family as far is if you loan it money do so being ok to never see it again.

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Why not pull all the money out of that account, close it, and tell her to fuck off. It's one thing to threaten legal action, it's a whole different ball game to nut-up and actually follow through with legal action. I wrote of $15k+ in bullshit that my ex pulled during the course of my divorce. I could have easily taken legal action multiple times. But that costs money and time.
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Here's 2 examples that have happened at my work.

1. payroll person flip flopped account numbers of 2 employees causing them to get each others paychecks. Money in their accounts gets frozen, removed, they get cut live checks for the correct amount instead.

2. payroll person fat fingers an hours column causing an employee to be paid 12k instead of $1,200 Money in their accounts gets frozen, removed.

 

What I assume to be true in this situation is that this isn't the first time it went to your account. That that is the way it often was and now that you are longer together she put in / should have put in for the change. Unfortunately money in your account doesn't make it your money.

 

Girlfriends may as well be in the category of family as far is if you loan it money do so being ok to never see it again.

 

 

Those were all screw ups though- this wasn't. It was purposeful deposits.

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