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Site members can create their own journals and post comments. | Bank Issues and the Ex 05-30-2008 at 07:33 pm
At the end of April my wife and I changed banks from a local bank to Bank of America because my wife's information was compromised three times in as many months at the local bank. This is not the story. The story I am relating is what happened as a result of this change. Just prior to changing banks, I had written a child support check to my ex. When we began the process of switching banks, this check had not yet been cashed. We sent my ex a letter stating that we were changing banks and why, and informed her that because of this, it might be a good idea to not cash the check and that we would send a replacement check as soon as possible.
Lo and behold, the ex immediately ran out and cashed the check which was promptly returned for insufficient funds.
Today, I received a certified letter from the ex demanding immediate repayment of the child support check (no problem with this) repayment of the $5 returned check fee from her bank (again, no problem) and the immediate repayment of $415 for other misc. fees which she has not provided any proof for other than her own word.
The money order for the child support and bank fee will be sent certified mail in the morning. My question is this, am I responsible for additional fees the she incurred by continuing to pay for things from an account she was aware was already overdrawn?
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Posted Comments Registered site members may leave comments.
gothmog 05-30-2008, 07:49 pm
I am lawyer. Yes.
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vasudeva 05-30-2008, 07:52 pm
Maybe, yes.
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wrecker 05-30-2008, 08:20 pm
My clever plan is to offer to pay the $415 upon receipt of one of the following:
- Itemized proof of said incurred fees
or
- A voided check
Either of these will get her the money she loves so much and hopefully she will take the easy way out and give me the voided check so I can set up the direct deposit and avoid any future fuck ups of this nature.
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Crackalackin 05-31-2008, 02:19 pm
You should let her get a lawyer to sue you. Depending on where you are and what kind of lawyer it is, they may cost about ~$100 for initial consult, and ~$200 per hour after that.
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dent 05-31-2008, 09:40 pm
I cannot see any way out of this situation, so you should probably just stalk her and then kill her.
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nurgleming 06-01-2008, 05:01 am
i'm watching "no country for old men" tonight, i've heard that film may have some advice for you. either that or ghostbusters, both maybe applicable.
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Dumbskull 06-01-2008, 09:42 am
A reasonable individual would have said… Okay, no problem. Ex’s are usually not reasonable people which is why they are called Ex’s. In the future any correspondence regarding money issues to the Ex should be sent via certified US mail. Keep all copies! She can argue she never received your letter or had already deposited your check into her bank by the time the letter arrived. Sorry dude, pull the $400 out of your ass get the voided check and just be happy you are no longer married to her!
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bigdinwaunakee 06-01-2008, 10:53 am
I think that you shouldn't pay the extra fee and wait and see, unless you are on thin ice with the settlement (kinda like two strikes already, and the third puts you in jeapordy).. So, wait it out and let the ex's lawyer try to collect it from you.
Now, if during this whole process, you made the appropriate steps to openly and clearly communicate with the ex in an expedient and method that the court would approve (certified mail = good, quick email = bad), and you made a reasonable effort to get the original payment quickly sent to her after the notice, then you should be fine.
If you didn't really try to avoid the problem, then you are fucked.
For example, if it were me...
I would overnight the second replacement check with delivery confirmation and letter describing the why for the check. At time of mailing, I would cancel the first check with my bank and stop payment (most likely paying a fee). As long as the payment was made within the court demanded time frame, then things are kosher... doesn't matter what source it derived from.
Hope it works out.
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wrecker 06-01-2008, 02:05 pm
Certified Mail is the method of all my correspondence with the ex with regards to money.
Dumbskull: I sincerely hope that she chooses to take the money for the voided check. This make life 10000x simpler for me.
The letter that will be sent tomorrow (certified mail) with the money order for the back child support, requests to see some official documentation to back up her claim of $400 so I can be sure this isn't just some arbitrary number she has pulled from her large ass. So it is now her decision; is she greedy and stupid, or greedy and lazy?
Don't misunderstand, I am not refusing to pay this. I just want to make sure that I am covering my own ass.
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sunny77 06-11-2008, 08:03 am
Judging by the bulk of info you have provided to LS about this crazy whore, as time has elapsed, seems to me she is pleading for attention in pissing you off. to people like that, negative attention is better than no attention at all.
i don't recall, but is she remarried? is she in a relationship? if not, then she's just doing this for attention and bc she probably gets off on spiting you.
just ignore it, i suppose. and if this shit continues into some court action, then no problem there either, because you did nothing wrong.
anyway, i hope the crazy slut leaves you alone.
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magicchex 06-11-2008, 08:23 am
and if this shit continues into some court action, then no problem there either, because you did nothing wrong.
sound advice from someone very knowledgeable about the court system and how it only bends you over when you've actually done something wrong. never has an innocent man been fucked by the court, ESPECIALLY not FOC.
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wrecker 06-11-2008, 11:33 am
At this point, the issue is in her hands. I have made good on the money for the bounced check along with the initial fee the bank charged her, so her attempt at any criminal action against me has been thwarted. She can still sue me in civil court for the remainder.
It's up to her at this point to come up with the documentation proving the rest of the money she claims is owed. I have told her that if she provides this, I will pay her, no questions asked. This is a case of trust, but verify.
The way I figure it, if she decides to sue me for the money, she will have to provide that proof anyway, and if she chooses to get the proof and go straight to court without giving it to me so that I can just pay it, she will only succeed in pissing off a judge for wasting his/her time.
There is also the possibility that she is not entitled to any of that money and basically threatened me with legal action in an attempt to scare me into paying. If that is the case, I tip my hat to her for trying, but she can bite my shiny metal ass.
The last option is for her to bend to my will and allow me to set up child support to be direct deposited. This is the easiest option for both of us, and the smartest for her. That, however, means that she will not consider this option at all, because she is stupid.
Any of these options suit me just fine..
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Acidburn 06-11-2008, 10:37 pm
Not an expert but...... what do the courts say? They set the amount and the payment dates "As you know" Yes you are responsible for a late payment, but you may get away with it as you have written proof'You kept a copy" of the letter explaining what is going on. It may be cheaper to bite the bullet and pay the fee. BUT.... 415 in unexplaned fees?!?!?! If your lawyer is cool he wil check it for free as that will take all about 30 minutes of his time to make calls and wait for a fax. In Cali you would be fukted as they don't care and a pay date is a pay date. Go Terminator agh agh agh
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