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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 34832
Experience:  16 years practicing criminal defense.
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If I give someone access to my bank account and they take out

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If I give someone access to my bank account and they take out thousands of dollars over what I authorized them to - is it still theft?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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How were they given access?
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Were they given a power of attorney or were they added to the account as a joint owner?
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What did they do with the money?
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Was this a family member?
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Thanks
Barrister
Customer: replied 3 years ago.

Help is appreciated ... it is my ex-girlfriend. She was not a co-signer on the account and no POA but had offered to transfer the $4,000 I owed her electronically from my account to hers. Instead she transferred $11,000. I have the documentation that we had agreed on $4,000 and when I questioned her about it she stated 'we agreed you would pay off the complete credit card' not just my charges. Her action has put my account close to negative and I am in dire straights until next payday.

Ok, if she had no formal authorization such as a POA, then basically what you had was an oral agreement for her to be able to transfer the $4K to her account. When she transferred more, she breached that contract. Since she is maintaining that your agreement was to pay off her card, not just pay the $4K, this would be a civil matter. The police and DA would tell you that since you gave her authorization to transfer funds out of your account, it is not a criminal matter and they would refer you to the civil courts.
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So your recourse would be to file suit against her for breach of an oral contract and sue her for the extra $7K that she improperly transferred out of the account.
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I wish I could tell you that you could file a criminal report and the police would tell her to transfer it back, but that wouldn't be an accurate representation of what would actually happen.
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Thanks
Barrister
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