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Closed joint bank account

Discussion in 'Banking, Finance, Investments' started by ryan0809, Sep 9, 2010.

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  1. ryan0809

    ryan0809 Law Topic Starter New Member

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    I live in Tennessee and had a joint savings account open with my uncle and I. It was my money, but just listed him on there incase something happend. A little over a month ago in August I closed the account without his knowledge like it even mattered(the account was worded "wayne(my unce) or Ryan(me)"). Well now he is in a large child support battle and is trying to get half of the money in the account. He said he has talked to a lawyer and they said he is entitled to his share of the money, but i think he is just trying to scare me. I have no proof that it was all my money for i deposited it in cash. Is it possible for him to take me to court and get half of the money? The bank had him on the account as the primary person, but they said that I had all the rights that he did. They also said that it was whoever came and closed it out first was entitled to it. Thanks for the information, Ryan
     
  2. army judge

    army judge Super Moderator

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    Both of you were apparently equals on the account. It was, most likely, a joint account, with right of survivorship.

    Either of you could close the account and take all of the money. Some people take everything but a dollar.

    Only an idiot lawyer would tell your uncle that, or he made it up.

    If you had no right to the money, the bank would never have given it to you. Your right to the funds existed, because you were a signatory on a joint account. You need not prove who put what money in the account.

    You took the money, it's yours now. He can sue you. He's got his hands full with that other lawsuit at the moment.

    If I were you, I'd avoid my uncle. He's gonna be pretty mad at you for a very long time!
     
    ryan0809 likes this.
  3. ryan0809

    ryan0809 Law Topic Starter New Member

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    Thanks for the information. I believe your right about him going to be mad at me for awhile. Well again thanks for the advice. If anyone else has some information keep it coming
     
  4. ryan0809

    ryan0809 Law Topic Starter New Member

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    hey army judge, you stated last night that my uncle could sue me . In doing so he could get half of it, am i correct? or is it just who ever gets to the bank first wins?. thanks for the information.

    if anyone else has any information on the topic please share with me.
     
  5. army judge

    army judge Super Moderator

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    If he sued you, he'd have to prove how much if the entire amount was his. He could do that with paycheck stubs, pension payouts, casino winnings, any proof of money that he alleged he received and was exclusively his.

    Even if he did that, he'd have to also prove that he didn't promise to give you the money for any of a dozen or more reasons. He'd also have to prove that some, or all if the money he may have deposited, wasn't given to him by you to deposit on your behalf.

    It wouldn't be a slam dunk on your uncle's part. You'd also have some work to do.

    How much are we talking about in this case? Was any of the money in the account derived from a pension payout, SSI, social security, or disability payments?
     
  6. ryan0809

    ryan0809 Law Topic Starter New Member

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    its right over six thousand dollars. the money was deposited in the account as cash in one lump sum deposit. none of it came from any pensions or anything.
     
  7. army judge

    army judge Super Moderator

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    Is there PROOF of who deposited the money?
    Does the person that used to own the money have PROOF of how they came to possess the money?
    Were additional monies deposited to the original $6,000?
    Were monies withdrawn prior to the account being emptied?

    Please answer the above questions ONLY: Yes, No, I don't know.
    _______________________________________
    _______________________________________
    This question requires a numeric response.

    How long were the funds in the account?
     
    Last edited: Sep 10, 2010
  8. ryan0809

    ryan0809 Law Topic Starter New Member

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    1.we opened the account together at the same time, so for proof not sure how that works.
    2.No
    3.Yes there where other deposits from me
    4.yes i have made withdrawls from the account myself
     
  9. army judge

    army judge Super Moderator

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    If uncle is going to act, you'll have to wait and see.

    In the interim, just stay away from him.
     
  10. ryan0809

    ryan0809 Law Topic Starter New Member

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    well i just had two family members call me within a few mins of each other saying he just called them saying hes going to sue. So guess we will see how it goes.
     
  11. army judge

    army judge Super Moderator

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    Let him sue.
    Remember, this is the USA.
    Anyone can sue anyone for anything they want.
    His problem will be proving it.
    You need to STOP talking about this.
    You did it.
    It's done.
    STOP talking about and listening to others talk about this.
     
  12. ryan0809

    ryan0809 Law Topic Starter New Member

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    Yea i know its the USA and I can CONTINUE to talk about it if i WANT. I believe I CAN listen to whatever I want also. So from here on since I have gathered all the information from you on this thread I want, I'd like for you to forget about it and stop posting. Thanks
     
  13. irish223

    irish223 Moderator

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    That's a nice thank-you for legal advice. :no:

    That is exactly the advice you'd get if you paid for it.

    Apology in order!
     

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