Criminal Law Questions? Ask a Criminal Lawyer.
By reading further, you agree to and acknowledge the following: 1. You understand that laws vary drastically by state and country and that this answer does not constitute legal advice and that no attorney-client relationship is formed. 2. You understand that because no attorney-client relationship is formed, no attorney-client privilege exists and anything you have written could be used against you in court if discovered by an opposing party. 3. You understand that it is impossible for an attorney to provide complete and proper legal advice with JustAnswer and you therefore acknowledge that information provided on JustAnswer is not legal advice. 4. You understand that T-USA is providing this information for the sole purpose of helping you to seek and find legal counsel in your particular state. 5. You understand that T-USA is not providing you with legal services or advice. 6. You understand that T-USA is not agreeing to represent you in any legal matter and that no attorney-client privilege is formed. 7. You understand that you should consult, in person, with an attorney who is licensed to practice in your state or the state in which your question's subject matter is taking place. State laws can vary drastically. Accordingly, you should consult an attorney who is licensed to practice in your state about this matter. What follows is neither legal advice nor a legal service. What follows is general information which may or may not apply, depending on the laws of your state. Only an attorney who is licensed to practice in your state can provide legal advice or legal services. _____________________________________ Answer While the laws governing this matter will vary from one state to the next, generally, if a person can show that a joint account was abused, the person may be able to recover some or all of that sum. However, without any evidence to the contrary, it may be difficult to show that your ex was not entitled to the money out of the joint account. In this situation, a problem arises, as sometimes it is difficult, if not impossible, to show that a limiting agreement existed. Be sure to contact an attorney who is licensed to practice in your state, presenting him with all evidence that the account was yours, and not hers. It may help to show that you were the only person who ever deposited money to the account. Using a threat of criminal action to obtain a civil remedy may be viewed as extortion, a serious crime. This is not adviseable. However, it is possible to send an appropriately worded demand letter to a person who owes a person a sum. To be certain that a person does not violate criminal laws, it would be wise to hire an attorney who is licensed to practice law in the state in question. That attorney will be skilled in writing demand letters and that attorney will be know how to best express the necessary concerns ethically and legally. You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services: http://www.abanet.org/legalservices/lris/directory/ Because I have provided you with a detailed, high-quality answer in an extremely timely manner, please click the green Accept Button to accept my answer so I will receive credit for the time and effort I have spent answering your question. Bonuses are greatly appreciated for the exceptional information I provide. In the future, please feel free to ask questions of me personally at: http://www.justanswer.com/profile.aspx?PF=18048122&FID=0