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HomeOff Topics › Any Lawyers on here?
10-14-2005 02:44 PM  12 years agoPost 1
tattooedphreak

rrNovice

Salem Oregon is home, I work in Iraq

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I don't know if lawyer's actually have fun or not, but on the off chance someone on here is a lawyer, I could use some advice. And no it isn't a criminal matter. Wont take too much time, but I am in Iraq and this is the easiest way to get help. Thanks!

I have made plenty of bad choices in my life, but at least I was never a Marine!

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10-14-2005 03:24 PM  12 years agoPost 2
tattooedphreak

rrNovice

Salem Oregon is home, I work in Iraq

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If this is too long, I apologize!!!
OK will do my best to relay all details. This will also serve as a sort of warning to I guess.

So when my unit went to Iraq, we were told to put someone on our bank account in order to ensure our finances were taken care of while we were away. I put my mother on there.

Skip ahead a few months....Ok, after not having access to internet or telephone for 6 months, I called my bank to make sure I had enough money to buy a car a buddy was selling. I had a negative balance! Now granted, the Army doesn’t pay too well, but still with all the combat bonuses and overseas pay and BAH, in 6 months I should have had a decent amount.

So I opened a new account over the phone, and had my pay deposited into the new one. Then I tried closing the old account, because I knew that she would be trying to spend money and writing checks, etc. I was unable to close my account without the account co-owner agreeing, some rule of Bank of America.

I waited until I got home, and had a negative balance that was a few thousand. Apparently B of A didn't see it was necessary to close the account yet. Well, I paid the negative balance, and tried closing the account again, this time telling them it was being used fraudulently by the other person, and if they kept the account open, it would only continue to be abused. I didn’t feel like dealing with this the way I should have, and that was by getting the police/law involved. They did however say there was now a fraud alert on the account.

So they kept the account open. Well yesterday my wife sent me an email and told me that I had received a notice from the collection agency, saying I owed B of A allot of money or it would go on my credit report. I tried calling B of A to see what could be done, and when I said that I tried to close it, they said "Well yes sir, there is a note saying customer attempted to close account, however at that time you were told you couldn’t close it." And I said "So that means I wont have to pay right, because I told you this was fraud?" and they said "Well, unfortunately, you TRIED to close the account, but were unsuccessful, so the account was left open and subsequently accrued these fees from overdraft."

I am in the middle of something with the Army in Iraq right now that will be adversely impacted by any sort of legal actions, whether I am the good guy or not, and so I need to try and find out how to fix this and save some money.

By the way, I have paid off over $40,000 in car loans, bad checks, personal loans, and bills this other person took out in my name while I was over here. I was hesitant to bring this into the legal realm because no matter how much was spent or abused, the person at fault is still my mom, but this last notice is the last straw. I make plenty of money to cover these bills, but really it is to the point now that my wife and I are tired of me working to pay off someone else’s irresponsible spending spree.

Anyone in the military will know what is happening right now that will be hurt if there is legal action.

If anyone has some suggestions, please let me know.

I have made plenty of bad choices in my life, but at least I was never a Marine!

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10-14-2005 03:29 PM  12 years agoPost 3
Steve_JR

rrVeteran

Mount Joy, PA

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So wait, you put your mom on the account? Is your mom taking the money!?!??!? yeah, I would see if a laywer could help you out, and get a sh*t ton of money back in your name. -Steve

Steve - Mount Joy RC Club

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10-14-2005 03:30 PM  12 years agoPost 4
tattooedphreak

rrNovice

Salem Oregon is home, I work in Iraq

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By the way, I have been in Iraq and Afghanistan for almost 3 years with the military, so there isn't anyway I was home writing checks and getting loans in this time frame.

I have made plenty of bad choices in my life, but at least I was never a Marine!

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10-14-2005 03:41 PM  12 years agoPost 5
rob10000

rrKey Veteran

Western Massachusettes

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You need to talk to your First Sergeant, sooner rather than later. Also, you should talk to your Jag. They will be able to give you the information you need.

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10-14-2005 03:51 PM  12 years agoPost 6
tattooedphreak

rrNovice

Salem Oregon is home, I work in Iraq

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Well right now I am IRR. I was released from military obligations so I could come back as a civilian and make buckets of money. Well, not buckets, but cups anyways...

I have made plenty of bad choices in my life, but at least I was never a Marine!

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10-14-2005 03:59 PM  12 years agoPost 7
tattooedphreak

rrNovice

Salem Oregon is home, I work in Iraq

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As I said initially, this should serve as a warning. Even the people who you should be able to trust the most could turn out to be the worst financial enemy you have. I regret to say that this has caused me to trust very few people in my life, and only them because they are in no position what-so-ever to screw me over. As I heard countless times, don't lend money to family and friends, but most importantly, don't ever give them access to it!

I have made plenty of bad choices in my life, but at least I was never a Marine!

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10-14-2005 04:03 PM  12 years agoPost 8
Salty

rrElite Veteran

St. Augustine

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Not to be critical but I'm still trying to figure out why you put your mom on there instead of your wife....

anyway, as a IRR member you still have certain military rights (if you still have time left on your 8 year initial contract which I'm assuming you do scince you are in the IRR) mainly you have access to milspec bases and MWR facilities, (I'm not sure that you have the right to go talk to a JAG but seeing as it happened while deployed I'm pretty sure they'll talk to you. you are also entitled to a IRR ID card which will give you access to the base, all you have to do is show up to DEERS with your DD214 and they'll hook you up....next stop, JAG...

Ask your Doctor if getting off your ass is right for you.

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10-14-2005 04:05 PM  12 years agoPost 9
bubba01

rrApprentice

NE Pennsylvania

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I can only imagine the anguish this has caused! Hope everything works out for the best and family ties can someday be mended.

It has nothing to do with anything and is none of my business......but why did you give control to your mother instead of your wife?


Cop: Sir, have you been drinking? Driver: Why? Is there a fat girl in my backseat?

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10-14-2005 04:06 PM  12 years agoPost 10
tattooedphreak

rrNovice

Salem Oregon is home, I work in Iraq

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I wasn't married at the time. Just got married January 1st of this year, on my R and R.

And I still have my all the same rights, but I work 12 hours a day, 7 days a week, so I dont have time to go talk to JAG out here. But thank you for your suggestion. If anything I am going to have to take a day off and go see them, but the thing is I can't have anything legal going on right now.

I have made plenty of bad choices in my life, but at least I was never a Marine!

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10-14-2005 04:07 PM  12 years agoPost 11
bubba01

rrApprentice

NE Pennsylvania

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hee hee....rotorpsyco beat me to the all important question


Cop: Sir, have you been drinking? Driver: Why? Is there a fat girl in my backseat?

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10-14-2005 04:08 PM  12 years agoPost 12
bubba01

rrApprentice

NE Pennsylvania

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As long as this doesn't cause any extra strain for you and your new wife (congrats).....I'm sure you will get it all worked out. Good Luck

......and sorry for being nosey.


Cop: Sir, have you been drinking? Driver: Why? Is there a fat girl in my backseat?

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10-14-2005 04:10 PM  12 years agoPost 13
tattooedphreak

rrNovice

Salem Oregon is home, I work in Iraq

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Well, also, who ever would expect something like this to happen? Really, at first I couldn't believe it. I thought maybe she had just transferred my money to a new account or something. But after talking to my bank, I learned real quick. Her excuse? " Well, I wasn't trying to hurt you, but I thought you would understand." Well, hey, pay rent, maybe a car payment, you know, basic needs, and I would have been ok. But 2 computers, a new wardrobe, hair, nails, etc. 2 cars for 1 person? Lets be realistic!

I have made plenty of bad choices in my life, but at least I was never a Marine!

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10-14-2005 04:23 PM  12 years agoPost 14
RQ-1B DRIVER

rrApprentice

Whittier, CA

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I too am a civillian contractor (GS-14) that works in and around the sand-box. Whenever I am on orders I am allowed to use any of the military assets/facilites that are available. I would take your DEERS card and a copy of your orders over to legal and see what could be done. If you are going to be overseas you need to get your finances and paperwork arranged so that you can take care of stuff over the internet/phone. Watching AFN today with all the cheesy commercials, everday they have short infomercials on Power of Attorneys. Full versus limited. You can even give someone power of attorney to just pay your gas bill. In Calif you can have this done by a Notary-Public.

Sorry to hear you going home to an empty account after working away from home.

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10-14-2005 04:29 PM  12 years agoPost 15
Salty

rrElite Veteran

St. Augustine

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looks like your the pround new owner of two cars, 2 computers, a female wardrobe, AND I'd be confiscatiing the nails and hair as well....(he you been in a crew cut for some time...make her wear one as well)

fact of the matter is if she had power of attorney (I'm no lawyer just trying to remember some of the crap that was taught in legal O school for the detachment) you have no viable recourse (I may be wrong I would still check with JAG all I did was arrange wills and make sure my guys got in contact with the proper folks if they needed it...) I would talk to your mom and get things worked out....payment plan etc....doesent sound like much of a mom to me (hey little jonny is in the sand box lets go on a shopping spree with his money and throw him into debt!) but then again I hold grudges....Blood or no blood, she still owes you money thats rightfully yours. and I would make it a point to take a day off and go see the folks that can help ya....all depends on how bad you want your $ back...

Ask your Doctor if getting off your ass is right for you.

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10-14-2005 04:34 PM  12 years agoPost 16
tattooedphreak

rrNovice

Salem Oregon is home, I work in Iraq

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There was no POA. But at this point I have no idea where she is. And I would take everything, except the car was repo's when I came home and refused to make payments, and the military (except the Navy), frowns on males wearing female clothing, even civilians. Uhh, a buddy told me that...

Really, getting the money back would be great, but I don't think it is realistic. I was able to save my credit. BUT I would like to know I donn't need to keep dealing with this over and over again.

I have made plenty of bad choices in my life, but at least I was never a Marine!

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10-14-2005 04:41 PM  12 years agoPost 17
CACTUSJACK (RIP)

rrApprentice

State of Confusion

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Your MOTHER ????? Daaaaaammmmmnnnn!!!!!!

X5X7 Animum Vestrum Negotium Agatis

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10-14-2005 05:38 PM  12 years agoPost 18
Salty

rrElite Veteran

St. Augustine

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well that is good you were able to save your credit... AND without a POA you may have recourse....its pretty easy to find someone now days....and as far as the cars go, if she bought them they were under her name correct? which means you have no responsibility for that one....heck I'd turn it in to the police and get a warrent out for her arrest....(if your able to do that....may fall under bank fraud) deffinatly a felony...greater than $300, I'm surprised that B of A is not doing anything, I've had a BAD BAD experience with B of A and refuse to deal with them EVER again.... about 9 years ago befroe I went in the military I opened two accounts; a savings account in which I put all the overtime from working construction (about 24K) and a checking account. I had linked the savings accnt to my checking account which was used as my hobby account (stupid) and kept my normal account for paying bills, at the time I never used my hobby account so when I got the statements I threw them into a shoebox unopened cause I didnt use it! well about 4 months later I get an overdraft notice from my savings account!!! ALL the money was GONE, after have the proper required heart attack I took myself to the bank and demanded to know what was up (with my shoebox of unopened statements) turns out the day that my accounts were opened another lady came in right after that and opened a debit account, B of A transposed one # from hers into mine and vice versa, SO she saw she instantly had loads of cash and went and spent it all (total about 35K) dillards, macys you name it...I had ALL my accounts locked up and they ended up tracking all my $ down and getting it back, as soon as it was all found and returned to my account I went back in and asked for ALL of my money in cash and closed the account, walked accross the street to compass and been there ever scince...any way my little horror story W/ B of A

Ask your Doctor if getting off your ass is right for you.

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10-14-2005 07:48 PM  12 years agoPost 19
tattooedphreak

rrNovice

Salem Oregon is home, I work in Iraq

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I must say, I have heard of alot of people coming over here and working then going home to find divorce papers, someone else's kid, or an empty bank account. However I have known my wife for over 12 years, and she and my brother are the only two people I actually trust now. But I was talked into not putting her on my bank account by my unit because if I were to have died, she would not be able to take the money from the bank account. She is the beneficiary for a little over $1 million of life insurance now. I keep telling her I am worth more dead than alive.

Obviously she doesn't agree with me.....yet.

I have made plenty of bad choices in my life, but at least I was never a Marine!

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10-14-2005 10:07 PM  12 years agoPost 20
Gearhead

rrMaster

Vt

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any American that would sucker or steel from a US soldier should be put in jail,,,

sorry about your ordeal tattooedphreak !!

Jim

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