Is this legal?

[Nitemare]

I'm separating from my spouse and start up an individual checking account. I route my direct deposits into this account. She contacts my employer and has them send out a paper check instead, she takes this deposits it and pulls money immediately out?

Her name is nowhere on the payroll check and I have contacted the local bank to have them flag the account for withdrawals. I have contacted my employer to make sure this never happens again. Is this considered fraud or anything?

 

[alexeikgb]

I think this has to be illegal in some form or another....

 

[minendo]

After reviewing my up-to-date law books and closely viewing my law degree I have come to the conclusion that yes, in fact, it is legal.

 

[Hankerton]

Oh jeeez, I'm not sure but it sounds like you got yourself in quite a pickle.

You have my sympathy

 

[Ogg]

:Q

 

[wedi42]

tell your employer that check was stolen.
you may have to press charges.

 

[Heisenberg]

If it were a stranger then it'd obviously be illegal. Don't know what the law says about people who are married though. Seems to me it shouldn't be any different, IANAL.

 

[Aharami]

seems like your ex is screwing you. screw her back... in a legal manner

 

[Nitemare]

Originally posted by: Aharami
seems like your ex is screwing you. screw her back... in a legal manner

Hell hath no fury like Nitemare pissed off...and to think I'm actually paying for all her utilities at the moment... :evil:

 

[minendo]

Originally posted by: Nitemare

Originally posted by: Aharami
seems like your ex is screwing you. screw her back... in a legal manner

Hell hath no fury like Nitemare pissed off.

Bitching on the internet is not considered fury.

 

[CVSiN]

bull crap your employer could be in DEEP crap here... Even if you are still legally married and they know it.. they are NOT allowed to share payroll information with anyone but you and the IRS.. How is they allowed her to make any kind of change to your pay information?
that is it..
if she changed the info with your employeer your employer has some explaining to do ...

 

[richardycc]

I think she broke at least 3 rules, and fooled 3 stupid people to make it happen.

 

[Turkish]

Who the fvck do you work for? Whomever your boss is, he needs to fire the whole HR department. What a bunch of dumb ball jogglers! And yes, that's illegal...

 

[Nitemare]

Originally posted by: minendo

Originally posted by: Nitemare

Originally posted by: Aharami
seems like your ex is screwing you. screw her back... in a legal manner

Hell hath no fury like Nitemare pissed off.

Bitching on the internet is not considered fury.

, no comment

:evil:

 

[minendo]

Originally posted by: The Boss
ball jogglers

It's funny that you are able to use your current position title as if it were a joke.

 

[Pantoot]

I would be asking why your company would act on instruction from your (ex) spouse?

 

[Fausto]

WTF? That's messed up. :Q

PAGING DON VITO! PAGING DON VITO!!

 

[Gooberlx2]

Originally posted by: Nitemare

Originally posted by: Aharami
seems like your ex is screwing you. screw her back... in a legal manner

Hell hath no fury like Nitemare pissed off...and to think I'm actually paying for all her utilities at the moment... :evil:

Damn right! Cut that b!tch off. You like water? Too bad! :evil:

 

[Gurck]

Let this be a lesson to any ATOTers considering getting married... All women are filthy lying golddiggers.

 

[Gooberlx2]

Originally posted by: Pantoot
I would be asking why your company would act on instruction from your (ex) spouse?

I read the OP as she's not quite an "ex" yet.

 

[aircooled]

I'm pretty sure the courts have to garnish your wages in order for her to get anything legally from your payroll.

 

[Sundog]

The paper check still has to be signed by you. So even if she has it she can not cash or deposit it without commiting forgery.

 

[Orsorum]

Originally posted by: Sundog
The paper check still has to be signed by you. So even if she has it she can not cash or deposit it without commiting forgery.

Ayup.

 

[Trey22]

In a nutshell - not legal.

 

[kranky]

Originally posted by: Sundog
The paper check still has to be signed by you. So even if she has it she can not cash or deposit it without commiting forgery.

Not necessarily. Depositing an unendorsed check via ATM usually goes through as long as the name on the check matches the name on the account. That's because people scream like crazy if the bank holds up the deposit for that reason.