Legal Question in Civil Litigation in California

Bank Funds

I am on my moms bank account and over a period of the last year her money has been being withdrawn from her account (she did not notice) all of a sudden one day while she was with another family member they notice all of her money is gone. I am being blamed and the scarey part is that when records where pulled they showed that I was supposedly transerring money from her account to mine and I did not do it but the money has been spent and I was not aware of it. The way I look at it I have know way of proving anything and I am already convicted because I did not notice it but, I do not know how she didn't. Is there any way out of this except for to try to find a way to repay it?


Asked on 7/26/99, 10:14 pm

1 Answer from Attorneys
Jed Somit Jed Somit, Attorney at Law

Re: Bank Funds

You could find the person who did remove the funds.

The bank may be liable if it honored checks on an improper

or forged signature. The liability is not absolute, since

there was a duty on the account holder to review the monthly

statements and report the discrepancies within a reasonable time.

To hold you civilly liable, they will have to show you took the money.

Tracing the money should be easy. If it ended up in your accounts, then

repayment is probably the best route. You may have stricter liability

if you were on the account because you were acting as a trustee or fiduciary

for your mom.

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Answered on 7/29/99, 8:37 pm


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