Legal Question in Civil Litigation in Washington
Theft from bank account
I have a bank account with two other people on it, my boss and the previous nanny I supervised. The previous nanny has taken money from the account after quitting her job. Is she guilty of theft? How do I recover this money? The bank says that it is legally her money, since she was on the account. What kind of action can I take?
1 Answer from Attorneys
Re: Theft from bank account
You and your boss and the nanny are all tenants in common as to the bank funds. Each of you can separately withdraw the entire fund.
Don't confuse the issue of her right to utilize the account (which she could) with her lack of right to the entire fund as between the three of you.
If the fund was related to the job then the nanny had no right to take the money from the fund after she was fired.
Is she going to say that her wages were not paid, and so she took the money as unpaid wages?
What you can do is sue her to recover the money she converted. If the amount is less than $4,000 you can take her to small claims court.
If it more than that, you really need a lawyer.
The bank was correct as to her right to take the money from the bank, but has no ability to decide what part of the account belonged to which one of you.
Hope this helps. Elizabeth Powell