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Don't Read Statements; Now I Have Big Problem

I recently noticed my wife has been added to my account without my permission. When a signer is added to an account, the signature card must be updated with the current and new owner's signatures, correct? I have direct deposit, so I never look over my statements because I never use the account. I looked at this month's statement, and I am overdrawn quite a bit. What actions should I take?

Untitled

Contact the bank to determine how it came to add your wife to the account. The bank will quickly get the message: that you didn't authorize the establishment of a joint account. You should then review the transaction history on your account to determine which withdrawals you authorized, if any, and which you did not. File a written claim of the unauthorized withdrawals, keeping a copy for yourself.

The bank may counter with a defense that you ought to have noted both the additional name on the account statement, assuming that it appeared there, and the transactions, in the timely review for which you are responsible, of the account's periodic statements, and notified the bank promptly upon discovering the first such transaction. That will be the bank's primary argument, and frankly, it's a strong argument under the law. The bank could limit its liability to you to transactions occurring before the end of 30 days from the delivery date of the statement showing the first unauthorized transaction.

Once you have made your claim with the bank, if you plan to continue banking there, make sure you close out the old account and open a new one. The bank won't let the first account close until it's brought to a zero balance with a deposit either from the bank's reimbursements for some of the withdrawals or from you, or both. Then make sure you contact your payroll office to have your direct deposit updated to go to the correct account.

Published on BankingQuestions.com 3/19/09