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staceyjr67 · Apr 22, 2011, 02:39 PM

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?

tickle · Apr 22, 2011, 02:48 PM

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

staceyjr67 · Apr 22, 2011, 03:16 PM

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.

ScottGem · Apr 22, 2011, 03:30 PM

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?

Fr_Chuck · Apr 22, 2011, 06:26 PM

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.

excon · Apr 22, 2011, 06:34 PM

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

staceyjr67 · Apr 23, 2011, 10:26 PM

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.

staceyjr67 · Apr 23, 2011, 10:28 PM

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 .

tickle · Apr 24, 2011, 03:53 AM

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/crimin...ns-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

staceyjr67 · Apr 24, 2011, 06:46 AM

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.

ScottGem · Apr 24, 2011, 06:53 AM

Originally Posted by staceyjr67

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.

staceyjr67 · Apr 24, 2011, 06:54 AM

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..

staceyjr67 · Apr 24, 2011, 07:02 AM

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.

ScottGem · Apr 24, 2011, 07:13 AM

Originally Posted by staceyjr67

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.

staceyjr67 · Apr 24, 2011, 07:22 AM

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.

ScottGem · Apr 24, 2011, 07:32 AM

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.

excon · Apr 24, 2011, 07:36 AM

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

ScottGem · Apr 24, 2011, 07:39 AM

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.

staceyjr67 · Apr 24, 2011, 07:53 AM

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.

ScottGem · Apr 24, 2011, 07:58 AM

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.