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Law type question
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| Billabong |
What the maximum fine, or penalty someone can recieve for illegally issuing a direct debit from your account, for something such as a credit card.
My dad, who is a total waster the the biggest arsehole in the world, set up a direct debit from my account without my consent a while ago. The form you have to fill in is for capital one, the credit card company, and the direct debit form, dosnt ask for a singniture from the bank account owner, just the credit card owner.
Now all that is required are the details for the account, which are found on my paying in book, which is in a little box in my bedroom. My dad is getting violent, so i think its about time to get some kick ass payback, not that he could ever physically assault me, as im quiet big, 21, and he is old and 57. |
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| Orbax |
Hmmm, I think monetary issues fall under federal jurisdiction. Mainly because the credit card companies are across state lines, so youre technically committing and offense that spans several states.
I would say its probably a class B felony and up to 25,000 and 5 years in jail...the system is designed for you to plead guilty and pay 1000 bucks and do 20 hours of community service.
I dunno though, Ive done criminal stuff, not money issue.
Although the felony level will also be on how much money you steal. eg over 500 dollars is a gross misdemeanor, over 1000 is class C felony etc. |
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| Billabong |
| There must be a section of the law that states its illegal to open up a monthly debit in someoen else's account, as its still fraud. |
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| Orbax |
i dunno. depending on whos name its under, guardianship, and history of account management...
I would have to know how you got the money, who set up the original accounts, what the payments for. You are still living with them so you could be seen as a dependent.
Its wrong, no doubt, but Im guessing a judge would throw it out of court and tell you two to settle your stuff. Like, if you dont want him taking money transfer it to a new account they cant touch. Thats why I did because I had a lot of private expenditures my parents didnt need to know about. its all good. |
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| Billabong |
| Well the thing is he is blacklisted so he cannot have any type of bank account, and he is costing me money by not covering the debit, plus he illegally signed a form given consent for a debit to be taken out of my account, which is owned by myself. |
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| Orbax |
I would talk to the people who hold your account and say that your father forged his signature and to take off his access to your account. Then say for future reference require my signature on all things relating to the changing or updating of my account.
Or, again, start a new one, and tell them your signature will be required for the aforementioned updates and granting of privelages. |
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| Billabong |
| Cheers for the advice. |
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| GHOSH |
I honestly do not think it worth the maonetary and emotinal hassle it would require to take him up on it legally.
Just shut down the account, take it to another bank, and next time he tries to withdraw, he'll find no money and be screwed.
Simpler, and a lot less hassle. |
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| Nite-Mer |
| I gotta go with Ghosh on that one. Close the account and end the hassle now. Start a new account at a new bank and don't tell your dad. Also, make sure they require your endorsement for any transactions of such nature in the future. |
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| LinX |
| orbax = TA lawyer :thepirate |
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| ShadoWolf |
| tell him to return the money. you could launch a civil suit |
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| Floorfiller |
| quote: | Originally posted by LinX
orbax = TA lawyer :thepirate |
yeah good job on this orbax...you hit it all right on the head hehehe...everything you said is basically correct |
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