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TwoUnderPar

Criminal Offense or Civil or ?

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A woman gets married and changes her name from Jane Marie Doe to Mrs. Jane Marie Wilson.  Several years later, she gets divorced.  Stipulations in the Final Divorce Decree state that her name is hereby returned to what it was prior to marriage, Jane Marie Doe.

 

Three years after the divorce, Jane Marie Doe goes into the bank that still maintains an account for her ex-husband (and on which she was at one time a party to), and makes a withdrawal on the account using her obsolete personal identification containing the prior name of "Jane Marie Wilson".

 

Without additional information and without additional context................... is this act, in and of itself, a criminal offense subject to potential criminal prosecution? 

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If she somehow managed to get the bank to give her money from an account to which she was not an owner (and she knew she was not an owner)  then she committed a theft or fraud offense. But note that it was not the use of her married name itself that gives rise to the problem. She was identifying herself — just using her prior married name. It is not like she was impersonating someone else. So the question becomes, regardless of the name used, what rights she had to the account and what knowledge she had of it. As a result, the additional context you wish to leave out does in fact matter. 

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We've discussed this issue at length in your other thread:

 

 

Not sure why you felt the need to start a new thread.

 

 

21 hours ago, TwoUnderPar said:

is this act, in and of itself, a criminal offense subject to potential criminal prosecution?

 

As we have told you in your other thread, the ex-wife's withdrawal of money from a joint account of which she was one of the joint owners was probably perfectly legal.

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1 hour ago, pg1067 said:

 

Not sure why you felt the need to start a new thread

 

I was asking a new question, a question specifically and solely with regard to a person using a name that did not appear to be officially or legally correct.  I am not an attorney, but using the last name of "Wilson", when a Court has already ruled that your name is "Doe" appeared to me, a layperson, as being significant without any further context or details.  I wondered if this act, and this act alone, could be considered an offense and seemed to fit this sub-section of the forum.

 

Tax_Councel has answered that the person was not trying to impersonate someone else, had in-fact identified themself and therefore the use of "Wilson" or "Doe" is basically insignificant absent context, ..... which answered my question.

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