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#1842862 - 08/15/13 05:06 PM Messy situation...
Post-it Offline
Member
Post-it
Joined: Jan 2013
Posts: 60
Midwest
Okay here is the situation:

A wife filed a restraining order on the husband...
Husband came in and took his name off of the joint checking account. Wife signed off on the change
(If I was involved the account would have been closed and individual accounts would have been open) but anyways...

Now the husband did not change his payroll direct deposit so it is presenting on the wife’s account. Originally we decided to return the check claiming wrong account here's where it gets fun...

Wife was willing to transfer only PART of the check to the husbands account because she is overdrawn so she needed some of the money...

Husband needs his money today so if we return it he is SOL until payroll reissues him a check.

(Keep in mind there is a restraining order so they can’t talk directly to each other…it has been an interesting day!!)

So husband is willing to give the wife part of the money and she will transfer some of it to his account…

Now to me I would have stopped the conversation a long time ago and just returned the check but one of my LO got involved (my boss) and said that we could do this for them just this once…

So now I am trying to come up with an affidavit that will somehow be legal in case this ever same back to bite us.

Any suggestions? Any other way to get out of this scenario?

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#1842880 - 08/15/13 05:33 PM Re: Messy situation... Post-it
JacF Offline

Power Poster
Joined: Nov 2001
Posts: 6,719
PA
Can you manually post the deposit (which I assume you've verified is issued to the husband's name) to the husband's account? If so, that's the route I would suggest.

Then if husband wants to provide funds from the deposit to wife, he can provide you a written request (or better yet- a check payable to her) to complete the transfer.

Post-event, I'd suggest following through on closing the formerly-joint account and requiring the wife to open a new account.

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#1842971 - 08/15/13 08:12 PM Re: Messy situation... Post-it
HappyGilmore Offline
10K Club
Joined: Jun 2004
Posts: 19,580
Pulling people out of the ditc...
agree with Jac...move all of the funds to the new account (we call that an "account swap" at my bank and do this frequently). Make sure an NOC is done, and make sure the husband knows to contact anyone who was depositing to or drafting from his account that they should change to his new number.

If you don't have the ability to do as above, then i would return for no account/unable to locate account.

Not your fault he neglected to notify the sender of his new account number, and if that delays his getting paid for a couple of days, that is his issue. wife being overdrawn is not the husbands concern, having access to his money is.

Anything else you do puts your bank in a sticky situation between feuding family, no where you want to be (in fact, i'd consider closing both accounts as soon as you are done with this mess).

In no way would I post to the incorrect account, leave a portion in that account to bring it whole (you've already admitted it posted there in error and is not his account) and give him the rest...no affadavit will give you the protection you want when your representative gets on the stand and admits to knowing it was put in the wrong account but...

Just my opinion
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#1843015 - 08/16/13 02:35 AM Re: Messy situation... Post-it
rlcarey Offline
10K Club
rlcarey
Joined: Jul 2001
Posts: 79,923
Galveston, TX
I agree - only a fool would place the bank in the middle of something like this.

I would just close all accounts.
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