If someone took approximately $5-6K from my bank account over a period of time

Question

Is there ANY type of legal recourse I may have if I only had that person on my account so that he could cash his payroll check?

Answer 1

you would have had to address it at the time and have proof they actually took it.  But never give someone access to your account.  You can't trust everybody. You may have to take the loss if you don't have proof.

Answer 2

If he signed on the acct you are SOL

Answer 3

Although the withdrawals were not authorized you have very strict time limits to dispute the withdrawals.  For checking accounts you only have 60 days to dispute the transactions.  So, since today is 8 August 2008, any transaction older than 9 June 2008 could not be disputed through your bank.

However, as his name was on the account, he can legally access all the money in the account and do with it as he pleases.  No bank would reverse those withdrawals and you could not file a criminal complaint because it is not a crime to withdraw money from your account.

Your only legal recourse would be to pursue a claim in small claims Court, but you would need somesort of written documentation indicating that you had this agreement that this person was only allowed to cash his check, but not withdraw any money.  Even with such a document, I would imagine your chances of winning would be slim, without it, you don't stand a chance.

Answer 4

If his name was on the account, then your only recourse is to take him to small claims court.  Get an account statement, and a copy of any withdrawals that have his name on them.

If he was using an ATM, then you are probably out of luck.