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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32535
Experience:  Began practicing law in 1992
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MY FATHER AND I HAVE A JOINT CHECKING ACCOUNT AT A MAJOR BANK.HE

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MY FATHER AND I HAVE A JOINT CHECKING ACCOUNT AT A MAJOR BANK.HE SOLD STOCK THAT WAS IN JOINT TENANCY AND SIGNED MY NAME TO THE STOCK CHECK.
HE THEN REPURCHASED THE STOCK AND ELIMINATED MY NAME FROM OWNERSHIP.
DOES THE BANK HAVE A RESPONSIBILITY TO ME TO RETURN THE MONEY TO THE ACCOUNT.THIS IS FORGERY/FRAUD ON THE PART OF MY FATHER.IS THERE A TIME LIMIT FOR REPORTING THIS CRIME.FRAUD IN THE STATE OF TEXAS HAS A 10 YEAR STATUTE OF LIMITATIONS.

JD 1992 :

Hello and thank you for contacting Just Answer. I am an expert here and I look forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

JD 1992 :

I'm having a little problem following the sequence of events here.

JD 1992 :

When he received a check from the sale of the stock did he deposit it in the bank or just cash it?

JD 1992 :

Also, was it a joint tenancy account where each of you could sign on the account or are both signatures required.

Customer:

THE CHECKS WERE DEPOSITED IN THE CHECKING ACCOUNT.THE CHECKING ACCOUNT IS A JOINT ACCOUNT AND DOES NOT REQUIRE BOTH SIGNATURES.I SPOKE WITH THE BANK AND THEY SAY ONE SIGNATURE IS SUFFICIENT IF THE CHECK IS DEPOSITED,BUT IF MY NAME WAS FORGED THEN IT IS A SERIOUS MATTER AND THEY WOULD START AN INVESTIGATION.WE ARE TALKING $375,000 IN STOCK CHECKS.I DO NOT WANT TO PUT ANY ONE IN JAIL,BUT HAD THE CHECKS BEEN PRESENTED TO ME I WOULD NOT HAVE SIGNED THEM.

Dwayne B. and other Legal Specialists are ready to help you
Customer: replied 3 years ago.

ARE YOU REPLYING TO THE FOLLOW UP QUESTION?

Thanks for the rating. The question changed into this format but I'm still here and can answer the questions as well as any follow ups.

I don't see a way to recover your money from the bank in this situation if the money was deposited into the account.

Anytime a crime is committed there are usually a number of different definitions that fit and the person can be charged with a variety of crimes each of which has a statute of limitations.

For fraud specifically the statute of limitations for pursuing criminal charges is going to be either 7 or 10 years, depending on what type of fraud they get charged with. However, these facts would also likely meet the requirements for a forgery charge and the SOL on that is ten years.

You can see the statutes of limitations for all criminal charges in Title 1 Chapter 12 of the Texas Code of Criminal Procedure which is available at the following web address:

http://www.statutes.legis.state.tx.us/SOTWDocs/CR/htm/CR.12.htm
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR JD 1992” in the subject line or as the first words of your question and I will pick up as soon as I see it.

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