Legal Help!! (need help quick)

[Euro_Trash]

OK here it goes...
I broke up with a girl about a year and a half ago. While we were dating she borrowed around 800 bucks from me (so around 2 years ago,) and is still promising to pay me back, but I know I wont see a cent of it.
Anyways, when we were dating she would deposit her income tax into my account, and I would just give her cash (I cant remember why we did that). This year, she accidentally deposited 500 bucks in my account, which was her income tax.
I am just wondering if she can legally take that money back, or if I am entitled to it since she signed the papers saying to put it in there. I figure this is the only way to get any money back from her, but I dont want to get in any trouble, and I dont want anything of a legal dispute from this.
Thanks guys
Dan

[Dooms_Bane]

HAHAHA dude.. if SHE placed the money in your account it's yours... AND if she did it.. it's yours...
theres no way she can get it back.... unless you agree to give it to her

IMO... if someone sign the cheaque and says transferr it into an account.. that is not theres they can NOT go back and ask teh bank "can i remove the money that i transferred to this acocunt?"
cuz then that would be taking money from you...

that would be stealing :D if she was in the right mind to put it in your account to begin with her loss

if she owes you.. you take it if she's never gonna pay you back

[Dooms_Bane]

just think about it this way.

if i was a company and i paid you direct deposit
and say your pay came out to be 600 bucks

i transferr the money to your account..
suddenly you know? your being an ass and i fire you.. i get mad and i want to take the money out of your account.

simple question
do you think i would be able to take it out?

most likly not... :)

[Euro_Trash]

Thats what I like to hear.

So she couldnt be able to go get a lawyer or the police or something and try to turn it into a legal battle (ie courts, etc)?

[Dooms_Bane]

hmmm.....
not to sure how she could fight it?
it's not like YOU tricked her into putting it into your account...
or you tried to sell her something and she paid you but you never gave her the item she was buying...

She was paying you a portion of the 800 dollars she owes you to my knowledge :dunno: :)

other than that... now she just doesn't want to pay you...
and she wants to money back...
paying a loan shark then asking for it back...
get an arm chopped off? :nut:

if shit hits the fan you can always get answers from the Bank
just drive over the bank and go to the table and explain your situation..
if she did put the money in in person... then hell nothing she can do about it. :)
i believe the bank will say the same
UNLESS out of your good heart you wish to return it to her

[Euro_Trash]

Nope not too pleased with her, if I dont have to, she wont see that money again. Gonna go to the bank right now, thanks for the help
If anyone has been in a similar situation, jump in

[DC2]

close the account. and open a new one. just in case she tries to get it back or the government tries to get it back.

but by the looks if it. its all yours buddy!

[Dooms_Bane]

bling bling!!!
LOL
i'd say go to the bank
or withdraw money from your bank and hold it in your hand :P

[shakalaka]

Actually it is a LOT MORE complicated then just, 'she put the money in, her fault, she can't do anything about it'. If she DOES intend to take Legal action against you, then there is a possibility that you will be held liable in the Court of Law. But it's just no that simple.

If she takes you to the court and if she can prove that she deposited the money in your account (reciept, bill whatever), then the burden of proof is on the defendant's side i.e. your side. You will have to prove that the money she deposited is yours and you are entitled to keep it. I doubt you can do that, can you? It is easy for her to prove that the money was her's and it was an accident she desposited it. But it isn't that easy for you to argue on the point how that money is yours and you should be able to keep it? Furthermore, if she does succeed you can be further charged in the law of tort under dishonesty. Cauz technically you are being dishonest by keeping something that isn't yours. So that could result in further liability i.e might have to compensate her by more money or could be anything.


Now if she will take you to the court for mere $500 is quite hard to believe. Since litigation's aren't cheap. That's just my opinion, I am only finishing my first year of Law school, so I am not an expert on this yet.


EDIT: I forgot to add, if somehow you can prove that she owes you $800 from before, then the whole story can be different.

[shakalaka]

Originally posted by Dooms_Bane
bling bling!!!
LOL
i'd say go to the bank
or withdraw money from your bank and hold it in your hand :P

That doesn't change anything, but it would make things more complicated if she does decide to take him to the court.

[Dooms_Bane]

hmm makes sense but then if she does hire a lawyer and what not.. it would most likly cost her ALOT more than 500 bcuks... didn't really think about it like that...
but how do you accidentally deposit it into someones account??
how could you fight that? not to sure how you could get someones account number and ask a teller to do it... else take his debit card and deposit it...
only plausable reason can be.. as a defense.
"her initial intentions were to relinquish her debt of $800 to me, but since we seperated she decided not to pay be back but take the money she had given me back."

makes sense to me.. i guess??

but hey o.0 thats why i asked him to run to the bank and ask :D

[Azn_Rice_Man]

Originally posted by shakalaka
Actually it is a LOT MORE complicated then just, 'she put the money in, her fault, she can't do anything about it'. If she DOES intend to take Legal action against you, then there is a possibility that you will be held liable in the Court of Law. But it's just no that simple.

If she takes you to the court and if she can prove that she deposited the money in your account (reciept, bill whatever), then the burden of proof is on the defendant's side i.e. your side. You will have to prove that the money she deposited is yours and you are entitled to keep it. I doubt you can do that, can you? It is easy for her to prove that the money was her's and it was an accident she desposited it. But it isn't that easy for you to argue on the point how that money is yours and you should be able to keep it? Furthermore, if she does succeed you can be further charged in the law of tort under dishonesty. Cauz technically you are being dishonest by keeping something that isn't yours. So that could result in further liability i.e might have to compensate her by more money or could be anything.


Now if she will take you to the court for mere $500 is quite hard to believe. Since litigation's aren't cheap. That's just my opinion, I am only finishing my first year of Law school, so I am not expert on this yet.


EDIT: I forgot to add, if somehow you can prove that she owes you $800 from before, then the whole story can be different.


Very well said! I'll know who to consult on Beyond for my legal advice! Hahaha!

But out of curiosity, how's law school? I'm anticipating on trying it out in a couple years, here at UofC...

[NATE0513]

If she was an insane person she could take you to small claims court to have the matter resolved. However when judgment is made the fact that show owed you the money in the first place may be taken into account.

This is by no means a criminal matter; to steal from someone is to gain by falsehood or deceit, which is something you are not in the least bit guilty of.

She will eventually come to the realization (by means of common sense) that:

A.) She owed you more than what was deposited.

B.) She did not perform any do diligence to have the important things changed upon your relationship ending.

If it were me... I would come across as the hero (knowing that I wouldn’t get the balance owed) and say bluntly... we are even!


Good on ya for getting some of what is rightfully yours!

-NATE

[shakalaka]

Originally posted by Dooms_Bane
hmm makes sense but then if she does hire a lawyer and what not.. it would most likly cost her ALOT more than 500 bcuks... didn't really think about it like that...
but how do you accidentally deposit it into someones account??
how could you fight that? not to sure how you could get someones account number and ask a teller to do it... else take his debit card and deposit it...
only plausable reason can be.. as a defense.
"her initial intentions were to relinquish her debt of $800 to me, but since we seperated she decided not to pay be back but take the money she had given me back."

makes sense to me.. i guess??

but hey o.0 thats why i asked him to run to the bank and ask :D

Well yeap. If she does decide to go to court, it would be highly stupid on her part!
Well mistakes do happen like it did in this case. Originally she did not intend to give his money back or anything, it was actually an accident that she desposited that money in his account. And yea like I said, he CAN have a totally different case if he can somehow prove that she does infact owes him $800 from before.
But it is HIGHLY improbable that she is going to take any legal action what so ever. Plus, despite the fact that there is no proof of her owing him $800, she does realise that she actually owes him. So most likely she'll just let it go cauz she still ends up saving $300.
So to answer the original posters question, yea go ahead keep it. You know her better than anyone else. If you think she's crazy enough to go as far as the court on a minute matter like this, then I would be careful.


Originally posted by Azn_Rice_Man



Very well said! I'll know who to consult on Beyond for my legal advice! Hahaha!

But out of curiosity, how's law school? I'm anticipating on trying it out in a couple years, here at UofC...


Lol...nothing man, i am just trying I guess.

Well I am not gonna lie to you or anything and I don't care what anyone says. Law is freaking hard PERIOD I mean my uncle's a lawyer and he told me all the time that it's easy and everything which was one of the major factors that made me choose this field, but it's nothing like he said. It most deffinately is interesting no doubt but, a whole lot work comes with it. I might be exaggerating a bit since I am tensed out and all cauz of the exams (Got a English Law of Contract final tomorrow), but it won't be easy. But hey, you gotta work for good things in life, I guess.

[shakalaka]

Originally posted by NATE0513
If she was an insane person she could take you to small claims court to have the matter resolved. However when judgment is made the fact that show owed you the money in the first place may be taken into account.

This is by no means a criminal matter; to steal from someone is to gain by falsehood or deceit, which is something you are not in the least bit guilty of.

She will eventually come to the realization (by means of common sense) that:

A.) She owed you more than what was deposited.

B.) She did not perform any do diligence to have the important things changed upon your relationship ending.

If it were me... I would come across as the hero (knowing that I wouldn’t get the balance owed) and say bluntly... we are even!


Good on ya for getting some of what is rightfully yours!

-NATE

O yea totally!

Most deffinately won't be charged under criminal law. Even getting charged under the law of tort would be going a wee bit overboard I say(Even though, it does happen). But I am coming across all these cases and they are just INSANE. The things that happen in some of the cases and the results courts reach simply just blow me off my mind. So you can never be sure what those crazy judges in the courts are gonna decide!

[Dooms_Bane]

this thread was really informing :)
shakalaka is gonna get PM's when i get into some legal confusion :)

[kane584]

Originally posted by Euro_Trash
OK here it goes...
I broke up with a girl about a year and a half ago. While we were dating she borrowed around 800 bucks from me (so around 2 years ago,) and is still promising to pay me back, but I know I wont see a cent of it.
Anyways, when we were dating she would deposit her income tax into my account, and I would just give her cash (I cant remember why we did that). This year, she accidentally deposited 500 bucks in my account, which was her income tax.
I am just wondering if she can legally take that money back, or if I am entitled to it since she signed the papers saying to put it in there. I figure this is the only way to get any money back from her, but I dont want to get in any trouble, and I dont want anything of a legal dispute from this.
Thanks guys
Dan

just give the money back to her, its alot better and you will have peace of mind, and plus you dont have to risk going to court / police or whatever, ..u know..i only 800 bux,