| starr |
| (recently joined) |
| 05/21/07 07:25 PM |
divorce settlement
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I have just rec'd notice that my ex-of a few months want money back from the settlement. we had a business together and he use to give me checkd from his daytime work and have me deposit into my personel checking account. he now says he did not give those checks to me and want the money back.
he had been doing this over the years and the total is $15,000. He is trying to say I embezled this money. not true but it will be his word against mine.
what do I do??
| Redlegg |
| (Carpal \'Tunnel) |
| 05/22/07 07:57 AM |
Re: divorce settlement
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If he gave you checks, who signed them, if it was him, how does he get embezzling out of that?
| Gecko |
| (Carpal \'Tunnel) |
| 05/22/07 11:00 AM |
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Re: divorce settlement
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I had to read and reread your post several different times to understand, but I think I got [part of] it:
- The two of you had a business together AND he worked a separate job.
- You say he used to give you his paychecks from his separate job and you would deposit it into your personal account and that this was something that was ongoing for several years, and he says he didn't give them to you.
What I am confused about is:
1) Why is he bringing this up now?
2) The "Settlement"; what is it exactly...is this from moneies received prior to the divorce for an insurance claim or is this part of the Decreee?
3) What monies are you being accused of "embezzling"; on one hand you say he wants money back from the "settlement", but you also say that he says that he didn't give you his paychecks and he wants that money back...so which is it?
I have some additional thoughts, but will hold them until I receive further information.
| starr |
| (recently joined) |
| 05/22/07 12:02 PM |
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Re: divorce settlement
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The checks were from day jobs he did cleaning residential carpet. example you called and wanted your carpets cleaned and you wrote him a personel check. he did not claims these on his taxes. this was a self employed carpet cleaning business. he had two employees who cleaned commercial carpets (resturants) that money he claimed taxes. but the daytime which paid very well from may to october. he would give me checks from his wallet and tell to keep them.some he went to the bank and cashed and kept.
he told me to sign his name if I needed to. the divorce was final but he would not sign offon the settlement part because he was not happy about what he was told to pay me for my half of the house. so now he got a new attorney after a year and is now saying he did not give me those checks.
I hope this explains a little better.
| Gecko |
| (Carpal \'Tunnel) |
| 05/22/07 12:32 PM |
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Re: divorce settlement
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Ok. So in an effort NOT to pay you what is owed, he is trying to claim that you stole from him? Hmmmmmmmmmm.
Since this is "business income", I can see where the "embezzlement" charge comes from...he claims that he gave you the checks to deposit into the business account and you instead, deposited them into your personal account.
But he is saying that he DIDN'T give you the checks, so how does he explain the loss of the checks...and for so many years and why wasn't this mentioned previously?
How I would approach this (via your attorney) is that 1) if he is going to accuse YOU of embezzlement, then you will counter-sue for all of the checks that HE went to the bank, cashed and pocketed (which is probably MORE than he came you). 2) You're going to have to contact the IRS because now that you know that he wasn't claiming the money from non-commerical accounts on his or ya'll's taxes, you do not want to be held criminally and financially responsible.
| starr |
| (recently joined) |
| 05/22/07 12:45 PM |
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Re: divorce settlement
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The checks he gave me to deposit were made to pay the order of me, but he told me to sign his name. he did this for everything even when I paid the bills for the buiness he always said just sign my name. he did no t like to do any paper work he had me do all of it, the scheduleing of the jobs pay the bills, I did the accounts and receivable's. I worked with all the commercial business he had two employees who worked these night jobs (resturants). he only wanted to clean residential carpets (homes). those are the checks he would soemtimes give me and say here you keep these. the day time business was residential homes and that money he did not report to the IRS. this was a self employed business.
| starr |
| (recently joined) |
| 05/22/07 12:50 PM |
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Re: divorce settlement
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Thank you for your advice. I did go over this with my attorney and she is working on the response. I know that his first attorney refused to go along with this and would no longer represent him so he found another attorney and this is why this has been drug-out for so long.
It will be his word against mine as I see it. I do have all the records for the income for the business including the deposit that were made with daytime money into a non interest bearing checking account. both account were joint accounts. as far as the IRs not sure what I would tell them.
I will ask my attorney.
| Gecko |
| (Carpal \'Tunnel) |
| 05/22/07 01:01 PM |
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Re: divorce settlement
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Then I would say that you have nothing to worry about.
As for the IRS...it's essentially a "threat" and generally backs off anyone who wants to play these kind of games because it would end up costing them a HELL of a lot more than what they are trying to screw someone out of.
| Miranda |
| (Carpal \'Tunnel) |
| 05/22/07 01:09 PM |
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Re: divorce settlement
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IF the checks were made out to you then why would you have to forge his name on the check?
| starr |
| (recently joined) |
| 05/22/07 02:05 PM |
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Re: divorce settlement
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The checks would be made ou to him and on the he would put pay to the order of and he would tell me to dighn his name.
so they were made out his name or the business name.
| rocketgirl |
| (Carpal \'Tunnel) |
| 05/22/07 10:02 PM |
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Re: divorce settlement
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Quote:
The checks he gave me to deposit were made to pay the order of me, but he told me to sign his name
Quote:
The checks would be made ou to him and on the he would put pay to the order of and he would tell me to dighn his name.
so they were made out his name or the business name.
So which is it? Were they made out to you (with YOUR name on the check), or were they made out to him (with HIS name or company name on the check)
You have made two statements that are contradictory to each other.
| Miranda |
| (Carpal \'Tunnel) |
| 05/22/07 10:04 PM |
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Re: divorce settlement
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I know Lisa...I gave up on this one.
| rocketgirl |
| (Carpal \'Tunnel) |
| 05/22/07 10:18 PM |
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Re: divorce settlement
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LOL... me too...
| starr |
| (recently joined) |
| 05/23/07 07:26 PM |
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Re: divorce settlement
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ok, sorry I know it is confusing. He did a day carpet cleaning job the person paid him with a personel check made out to him or the business name. He would say here you keep this check and he would say just sign my name on the back.
so I would and deposit in my checking account. this would happen alot and he would say when I want it back you can write me a check. sometimes it was several checks amounting to a few hundred dollars and over a course of three years it comes up to a few thousand. when ever we went on a small vacation we used this money and my payroll from my account. I was also to buy all food or any kind of shopping we did from my checking acoount.
I hope this explains a little better. He did not like to write checks and he never used an ATM card like most of us do. so he liked for me to with my card.
now he says he never gave me those checks and wants the money back.
| Redlegg |
| (Carpal \'Tunnel) |
| 05/26/07 06:26 AM |
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Re: divorce settlement
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So the total is a few thousand, or it is 15,000, the checks were made out to him and you signed his name, or they were made out to you, and you wrote checks to him. I am guessing you are the IRS, the business failed, and you are safe.