Legal Question in Banking Law in Nebraska

Banking- Joint checking Accounts

Recently, my boyfriend and I broke up. We had a joint checking account with a few hundred dollars in it. I promptly emptied and closed it after the breakup. Now he wants to take me to small claims court. Can he really do this? Is there anything that I can do about this?


Asked on 4/25/07, 12:01 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: Banking- Joint checking Accounts

In many states, the law presumes that a joint bank account belongs to both of you equally. Unlike marriage, however, you;re not necessarily allowed to simply take it all when things go bad. Even in divorce, things get evened up eventually.

Therefore, he *can* take you to small claims, especially if he can prove he put some portion of that particular bit of money in.

Strong suggestion: ask him whether he would be willing to mediate the case. If you're not talking, consult a mediation center or a common friend. They might be able to make the call for ou.

By the time you add in the fees of small claims AND the time off work (which you don't get to schedule yourself), mediation could really sort things out quickly for about $100 at a community dispute resolution center.

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Answered on 4/25/07, 6:50 pm


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