Legal Question in Criminal Law in Tennessee

Banking question

I used my husband's ATM card which cause him to bounce some checks. He sued his bank and won because the ATM card I was using was suppose to have been canceled and it was not. My question is this, Can the bank sue me for the use of his ATM card or put me in jail for using his ATM card, because my name does not appear on his account?


Asked on 9/29/00, 11:02 am

1 Answer from Attorneys
Jes Beard Jes Beard, Attorney at Law

Re: Banking question

So long as you were using the card with your husband's permission, even if it was his very general permission that you could use any ATM card of his and you did not know that the particular card you used had been cancelled, you did nothing wrong and should not be convicted of any criminal offense related to this, though there might be some wrongful enrichment theory that might let the bank sue you to recover the funds you got on the ATM card that you should not have. And certainly you can understand that any money you did get on the ATM card should actually go back to the bank, since it was not your money in the first place.

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Answered on 11/03/00, 7:53 am


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