If you are married and own a business with your husband, and have been writing checks out all the time, can your spouse sue you for writing a check out on that account? We were married and everything was fine, now he wants to sue me for writing out a check. The date on the check was June 2, 2008. We spent money frivolously and had a rich lifestyle. When we needed money in our personal checking account, we would write checks out of the business account and put it in our personal one. Two days after I cashed the check I put the 1500 back on my husbands desk and we redeposited the money back.. Is there a statute of limitations for him trying to sue me now?

Now you are divorcing... is that the issue ?

This limitation would probably vary from state to state. So what state do you live in, and what are the entire circumstances.

Do you have actual proof that the money was re-deposited into your business account, and why did you not have a proper payroll system set up for the both of you as owners to access funds ? Wow, a lot of questions, I have more but don't think they would be appropriate right now, i.e. paying state taxes on your payroll account for each of you. I can see where there is a big problem here if you are 'just taking money out of the company bank account' without proper records sustantiating the withdrawals as proper payroll.

Tick

Tick

I live in Minnesota. My divorce was final on October 16, 2009. I am the one who filed for divorce in July of 2008. My exhusband is a control freak and is still trying to control my life after the divorce. When we had our business I am the one who wrote all the checks on the business account. When we needed extra money I would write checks out of the business account and put them in the personal account or use the cash for grocery and house supplies. We were a family of 5 people. We went through a lot of groceries with eating at home a lot. I was still in the house when I cashed this particular check. We needed money to pay for insurance and groceries and I had to get the van fixed. This was not an unusual situation.

You don't have to Answer AND Comment. Just use the Answer options for follow-up.

Under what grounds is he suing. Frankly I don't see any grounds for a suit whether the SOL expired or not. You were both officers of the company at the time and entitled to draw money from the company, correct?

Was the account you wrote a check under a joint account

If you were authorized to write a check from that account, he has no case.

Hello s:

I don't think the statute of limitations has anything to do with it. I think the divorce ended any claim he had on you... Read it, and see if it doesn't say something like that... I'll bet it does.

excon

I need 2 attorneys? One because my 18 year old daughter wants to press charges against my exhusband for molesting her from the age of 13 to 16. He has been caught on child pornography sites. And no one wants to do anything about it. I have evidence against him that proves he is guilty and can't find any help. Please help me to get this sex offender off the street. I need someone who will help me and my daughter fight this pedafile and get him from hurting someone else's daughter.

Yes I was an officer of the business and had been writing out checks for the last 8 years out of the business account. He was the only one on the checking account but I paid all the bills .

Is this the same man who is trying to sue you over the money issues regarding a company you both owned ? I thought your divorce was finalized April 6th? So why do you need a divorce attorney?

https://www.askmehelpdesk.com/criminal-law/statute-limitations-572115.html

Reporting a suspected pedophile is not all that difficult. Here are instructions for doing so but I would think long and hard if you have any reservations that your daughter's accusations may not be valid. Once you start this process, it won't end until the truth comes out.

Here is what you do:

Gather evidence. Note the time and date of the illegal activity, the names of the participants and the location of the act. If the activity took place online, screen print any information from the computer, such as cookies that form a trail of Internet pedophile activity, if possible.


Call the police or go to the station. You will have to make a statement, so be prepared to go on record with your complaint.

Speak to someone in the special crimes unit. This department handles sexual crimes against children.


Contact the FBI. The FBI handles online child pornography and online pedophile activity. The FBI has a dedicated line to handle the cyber crimes against children and a website that lets you report the crime online (see Resources below).


Note any children that the suspect has contact with. Inform the authorities. Talk to the children's parents. Let them know that their child may be in danger. Of course, speak to authorities before sharing the information with others, but the safety of the children is most important.


Tick

Yes this is the same person. Our divorce is final but we have an 11 year old son together who does not want to see him ever again. I have been able to protect him up until this point with no visitation, but now the judge awarded my ex every other weekend with him seeing there are no criminal charges against his dad. My daughter was examined and interviewed for 5 hours by Children's Hospital by the special victims unit. Five minutes after that they called Social Services and the Sheriff Dept and said that she is never to go there again as long as he is living in the house. And she hasn't been back since. The County Attorney took our case but every time I had new information I got shunned and was told that someone will call me back. I kept writing down every thing that was going on and still no help. I found out that a woman who worked for him caught him on child pornography sites, yet she won't talk. We owned a small business and a lot of cops and sheriff bought stuff from us.

yes i was an officer of the business and had been writing out checks for the last 8 years out of the business account. He was the only one on the checking account but I paid all the bills .

Again, please use the Answer options for followups, not the Comments. Also, if we ask for info please provide all we asked for if you can. I asked what the grounds for the suit were. Without knowing what he is suing you for its harder to advise.

As long as you were an authorized signer on the account then I don't see what he is suing for.

There is a huge conspiracy theory going on in that town. Nobody believed me. I moved out of the house with the 2 kids into our cabin. Not once did my ex try for visitation in the beginning. I had restraining orders against him but when I called the sheriff and they came out, all they would say is that he's not hurting you is he? They were suppose to protect me and the kids. Talked with a new deputy and he told me how he went to our business and once my ex found out that he was a deputy he started asking a lot of weird questions and he told him he couldn't answer them. My ex has supervised visits for a while and he would lie to the visit centers or talk inappropriately to our son and they had to stop the sessions. We went through 3 different centers. My son has seen 5 different therapists. All to which they say that him seeing his dad is harming him emotionaly and mentally. My son does not want to ever see him again. He will be 12 in nov. and now gets unsupervised visits with him. HELP..

I was not a signer on the account but he had me make out all the checks and sign his name because most of the time he was out of the shop doing other work.

I was not a signer on the account but he had me make out all the checks and sign his name because most of the time he was out of the shop doing other work.

Ahh and you didn't think to mention that? Why did you do that? Do you understand the word forgery? If you were an officer of the company you should have been added as a signer on the account.

I would suggest you consult an attorney to protect yourself.

Also, you still haven't told us the grounds for the suit.

He is saying that I forged a check in my name. I wrote out all the checks for the business. Whenever we needed extra money in the account he would tell me to write out a check for extra spending money and count it as an owner draw. 3 years later he wants to sue me for check forgery and offering a forged check. 2 different counts.

First, you don't need a criminal attorney to prosecute your ex. A criminal attorney represents you if you commit a crime. You need an advocate to plead your case before the county attorney.

You do need a Family Law attorney to fight against visitation. But that should really become moot if you can get him convicted for molesting your daughter.

I really don't understand how a court can award even supervised visits when a therapist advises that he should be kept from him. There has to be something more going on here.

Hello again, s:

Besides the avenue I gave you already, you have OTHER defenses too. Forgery is a crime. Most people, when ripped off, call the cops. Apparently, he didn't. Consequently, it LOOKS like what you SAY it is. Convincing a jury or a judge of that ought to be a breeze.

excon

First, you don't sue someone for forgery. Forgery is a criminal offense. So either you are misunderstanding something or something is not right.

I think this is really too complicated for us to help. So I suggest you find a law firm that has has both criminal and family divisions.

Like I said there is some conspiracy theory going on. He has been in contempt of court 7 times and still he never got punished. He has gone through 3 divorce attorneys. All have dropped him because he would not follow court orders. Yet I have had the same one, Legal Aid. I don't have legal aid anymore because of funding. I wonder if the judge is one of his customers and is being biased about all of this. I will send an attachment of the letter that the guardian ad lidem sent to the judge. She went totally against him and all the therapists.

You are using the wrong phraseology. You HAVE a theory that a conspiracy is going on. Not that a "conspiracy theory" is going on.

So you appeal to a higher authority. You ask the court to justify why she went against the GAL's recommendation. You should be able to get an attorney who will go after your ex for legal fees.

I've merged your threads because this is all tied together.

I have full physical and legal custody of my son. Am I able to move out of state with him? Up until Friday there was no visitation for my ex.

First, I've again merged your threads. This is mostly a Family Law issue and everything is tied together. So please add to this thread don't start another.

You said your husband has visitation. In that case you do not have full physical custody. As long as the court has ordered visitation, then you cannot move without court permission. Given your situation, I would not make such a move without court approval.

So what would happened if I would have moved before the court order came out then? Up until Friday he did not have any visitation...

If there was a pending court case you could have been ordered to return or, at least return the child. You might have been considered in contempt of court.

Ok. Well with my daughters case we did have a county attorney who represented her but dismissed the case because they felt she was not strong enough to go to court. She is a very strong young woman. I need to know if she can still go after him...

Hello again, s:

You've got more legal problems than a jailhouse full of convicts... You've also been less than forthcoming about most of 'em. All that does is cripple us in our advice giving.

IF charges against your ex have ALREADY been dismissed once, why would you think they can get reinstated??

excon

There is a difference between a case being "dismissed" and dropped. If the County Attorney decided to drop the case because he felt there was not a strong enough case, that is very different from a court dismissing the case. In the latter instance, its possible that double jeopardy would prevent the case from being brought to court again. But if the case was dropped by the county attorney because she felt your daughter would not hold up under cross examination that is a different matter. You need to get your daughter's therapist (you did say she had one?) to try and convince the CA that not only is she strong enough to manage cross but that having the father prosecuted will be good for her.

OK. The case was dismissed not dropped. What do you think?

Hello again, s:

I think they tried to make a case, and couldn't. I don't think they'll try again... Plus, depending on WHERE along the way the case was dismissed, jeopardy might have attached, meaning he can't be prosecuted again no matter how strong your daughter is.

excon

I feel that she was never given a fair chance to even go forward with this. The investigators never took all of my information that I found out on him. When I told them I found someone who found him on child pornography sites, they told me it was defamation of his character to investigate. What about the pain and suffering? I have moved from our cabin down to my parents house. She has been in 2 different high schools during her serior year. I got her enrolled in online school now. She has nightmares and screams in the middle of the night about him still coming into her room. So am I just suppose to sit back and let my ex still control my life after I am divorced? I had 2 cars repo'd because of him. Got awarded them but he put leins on them and now I have nothing... He has gotten away with everything in this divorce..

Dismissed by whom? Was he ever indicted or arraigned? Did a judge dismiss it or did the CA just decline to take it to trial? We keep explaining things to you and you respond with piecemeal information.

You also keep saying things that DO NOT make sense. Like being sued for forgery or having liens placed on your cars and then having them repo-ed. To place a lien on personal property requires a judgment. What did he get judgments for? And investigating child abuse and child pornography being defamation? That's ridiculous. If there is one thing that LEOs hate above all else its abuse of children. So I have a problem with your claims that this is being treated so cavalierly.

You really are up to neck in legal hassles and you need a full service firm to represent you. But this is going to require money.

CA dismissed the case 1 week before the case was to go to trial. I told the CA that he was on child pornography and she said it would not work and they would not investigate because it would be upsetting to his character. Defamation to his character. In my divorce I was awarded a truck and 25' enclosed trailer in Jan. My ex filed bankruptcy in March. We owned a small biz and he filed on that too. Same day he filed, he went to the DMV and placed liens on behalf of the bank he filed bankruptcy on. That's how they got repoed. I got documentation from the DMV showing his signature on the liens, and still the judge did nothing. As you can see, I am up to my neck in legal problems.

CA dismissed the case 1 week before the case was to go to trial.

Ok the case was dropped not dismissed. If it never went to trial, then jeopardy is probably not attached.


I told the CA that he was on child pornography and she said it would not work and they would not investigate because it would be upsetting to his character. Defamation to his character.

Doesn't make sense. ANY police investigation involves defamation of character. As long as the investigators have reasonable probable cause to investigate they will. But just telling the CA that he was on a child porn site is not enough. You would have to show enough proof to get a judge to issue a search warrant.


In my divorce I was awarded a truck and 25' enclosed trailer in Jan. My ex filed bankruptcy in March. We owned a small biz and he filed on that too. Same day he filed, he went to the DMV and placed liens on behalf of the bank he filed bankruptcy on. Thats how they got repoed. I got documentation from the DMV showing his signature on the liens, and still the judge did nothing. As you can see, I am up to my neck in legal problems.

Doesn't make sense. If there were loans on the vehicles, then there should have already been a lien against them. If not, the DMV should have required a court order to place the lien.. And then who did the repo? If there was a loan balance were you paying on the loan? Was it up to date? If so then why was there a repo. If the bank did the repo why didn't you sue them?

No you aren't up to your neck in legal problems, you are way over your head. Too far over your head for us to be of much help. We can ask questions, we can express our incredulity over what has happened, but you need someone on the scene, to look out for your interests. To ask the questions we are asking.

What do you mean when you talk about jeopardy?

The snowmobile trailer did not have a lien up against it. The only loan on the truck was from Ford Motor Credit. The day of his bankruptcy my ex filed a lien on behalf of the same bank he filed on. We had a business loan but there was no business equipment that was on it. We had the business itself and our land by our house. I have the papers that showed he put a lien on there.

What do you mean when you talk about jeopardy?

Jeopardy (usually called Double jeopardy) refers to not being able to try someone twice once they have been acquitted of a crime. So if a court had dismissed the case instead of the CA dropping prosecution, then they might not be able to take him to trial again.


The snowmobile trailer did not have a lien up against it. The only loan on the truck was from Ford Motor Credit. The day of his bankruptcy my ex filed a lien on behalf of the same bank he filed on. We had a business loan but there was no business equipment that was on it. We had the business itself and our land by our house. I have the papers that showed he put a lien on there.

I don't know what is going on in your court system, but if what you are saying is accurate, then the law appears to have been ignored. One cannot just put a lien on an asset. There are two types of liens, one for debt and another called a mechanic's lien. If the lien is for debt that was not secured by the asset, then a judgment has to be entered and a writ of execution issued. For a mechanic's lien You have to be a licensed contractor and prove you did work on the asset. Plus you have to inform the owner.

So I haven't a clue how he could get away with putting a lien on the truck. Plus if there was a loan by FMC, then they should have been paid first.

I'm sorry Stacey, but either you are being told something that is inaccurate or you are misunderstanding things, or you are telling us a story. I don't know which it is (nor do I care), but you need someone on the scene who can go through all the factual documentation and try and get this straightened out. We really can't help when you tell us things that just don't jive with our knowledge of the law. Maybe you need to go outside your county and get someone on the state level to look into all these seemingly illegal happenings.

No I am not telling you a story. This is how my life has been the last 3 years. Did not know that I was dealing with the devil himself. I have since moved from Pine to Anoka County. Everything I was ever awarded or got from my divorce has been taken away from me or I never got. I tried to bring the lien deal back of court but the day of court the judge told me straight up she wasn't going to hear anything about it. I have a case with the OCC that controls or regulates all banks that have the word National in their name. I even contacted the FBI over this matter but they told me it was civil and they couldn't do anything about it. I feel the judge and many more people who work for the justice system either boutght product from my ex or knows of someone who did. Nothing bad ever goes on in a small town.
The kids and I live with my parents in their house. Where, even here I do not feel safe anymore. I have gotten screwed over big time by Pine county. My ex was in contempt, molested my daughter and nobody does anything about it. I had practically all my materials things taken away or destroyed. And you know what, I am still so fearful for my life its not even funny anymore. Both kids are seeing therapists now and still my son, who did find out about this whole deal that he has to see his dad again, has been puking all day and night. From day one when he was born my ex teased him up to age 8 saying he was not his father because he came out blonde and blue like me. He would say his best friend was his dad. He favored his other son who came up every other weekend instead. He did beat my son a few times where I had to pull him off him and yet the judge recalls nothing of the abuse. I just wish I could disappear with my kids somehow. And be safe.

I really empathize with you, and maybe you are right that small town favoritism is taking place. I just find it hard to believe there is such blatant disregard for the law. Which means you have to try and go to a higher level.

Going to the FBI was something I was going to suggest, but I bet you took the wrong tack. The FBI is interested in child porn. If you have enough evidence of that, you may get them involved. I just posted something in the Wireless Technology forum about that.

Go the State DMV commissioner and bring to their attention the abuse of the law on liens. Its probable he put the lien through with in a local office.

You need to keep fighting but you really need an attorney to help.

Thank you for all your helo. And if you know any good attorneys in Minnesota could you please let me know? Stacey

I meant thanks for all your HELP...

Good luck and keep us posted.