advanced paypal law question

[Arc]

So my sister has had a paypal account since around 2003 or 2005, verified with her email, ssn, etc (shes like.... 35. i dont care to remember her age)


she was married for years and her husbands bank was attached to it that he put it on.. but they divorced recently and so preapproved payments went through automatically.

they were going through his bank account as payments, and now he and his NEW wife want to/are going to prosecute her and take her to court for it because he didn't allow them.

he also hasnt requested the bank of his to issue chargebacks, basically stating he's allowing the payments but wanting to use them ONLY against her to get her in trouble (he hates her. and he's not a poor person.)

question: who is in the wrong and what do to fix?

 

[Arc]

Seems like he is. Even though he hated her, why the hell did she have access to it in the first place? He also agreed for the bank to be attached to the PayPal under law due to the marriage, so in my opinion it's put into both their names.

He's also trying to get her into trouble which may seem obvious, and that is also their side's fault. Making them the guilty ones (in my ppinion)

she didnt have access to his bank account, like, to view his statements, only to use it on paypal. he put it on there a long time ago.

 

[nara~kavi]

to be clear, was she using his money from his bank account via her paypal, knowingly, and without his knowledge?

 

[Arc]

to be clear, was she using his money from his bank account via her paypal, knowingly, and without his knowledge?

If she did it knowingly its a problem

unknowingly but there's no physical proof to show she was doing it without knowing because the only way to trust is by trust system, or whatever.

He also had many accounts with her name on them without her knowing that he made them.

 

[Arc]

His fault in my eyes, honestly fucked up either or I mean did she refund him?

she wouldn't be able to refund him, he'd have to issue chargebacks via talking to his bank but he hasnt. I'm thinking because he wants to use them against her in court.

 

[nara~kavi]

it doesn't matter who we perceive the fault as belonging to, what matters is who is legally in the wrong, and that is pretty clearly your sister. i would seek out actual legal advice rather than the advice of children.

 

[Arc]

it doesn't matter who we perceive the fault as belonging to, what matters is who is legally in the wrong, and that is pretty clearly your sister. i would seek out actual legal advice rather than the advice of children.

if he is creating accounts using her information, I don't see how she's in the wrong.

the payments were going through her name automatically using his bank (via Paypal) and neither knew. he set it up

 

[Sinkas]

In my opinion, as long as the payments were settled to go through automatically, and after the divorce he didn't stop the automatic process, it's his fault and he can't pursue your sister legally. Also, in the case that the payments continued without your sister's knowledge, she's even more covered.
If she can't prove that she didn't know, then he also can't prove that she did know, it's her word against his really.
I believe it would depend on the legislation of your sister's country. You could do a little research on the internet in order to find out (although it is a really specific thing, I'm sure it must have happened to someone before). Also, I'd suggest contacting PayPal as well to get their opinion and view on the matter.
Anyway, if I was the judge, I'd decide that he can't press charges against her as he was the one who didn't cut the payments. As long as she didn't have access to his account, she couldn't do that on purpose.
Good luck with getting the issue resolved!

 

[MooshyTracks]

Triggy

 

[Triggy]

If you were to treat the PayPal as a bank account, he would be at fault due to the agreements signed when they have the joint account. They are both equal owners and share everything in the account. The thing is there is an arbitration agreement for most banks, which would allow them to settle the case without court. Each bank signs agreements with companies like PayPal and Netflix for cases like this, so the best thing to do would be to call his bank and see what their arbitration agreement states in this case.

 

[SoldierAlex]

I'm rooting for your sister . I honestly don't have anything that can help you in any way tho :/

 

[kitcat]

I support your sister, although due to me being very young, I have absolutely no fucking idea about the law. Im Australian so US law might not be the same.

 

[Arc]

If you were to treat the PayPal as a bank account, he would be at fault due to the agreements signed when they have the joint account. They are both equal owners and share everything in the account. The thing is there is an arbitration agreement for most banks, which would allow them to settle the case without court. Each bank signs agreements with companies like PayPal and Netflix for cases like this, so the best thing to do would be to call his bank and see what their arbitration agreement states in this case.

She's calling both paypal and his bank tomorrow

-- Ironically they use to be married for so long and he tried to fuck her over so much using her information, the bank might be under her name and SSN.

if it is then I believe she wins the whole thing, plus I guess she could legally take all his money and close the bank account due to it might have both their names on it + her SSN.

Could be wrong though. just a thought, not going to act on it unless fully legally knowing it can be done.


Thanks for the support you guys, shits tough. like when you get chargebacks from one of those fag ass rich kids that's donated 1000 dollars to your server and you're like "fuck"

 

[Yeti]

He seems like a cunt/in the wrong. The law may go either way though.

 

[Wottsits12345]

take him out before he can do anything. Going down for murder is easier than dealing with PayPal

 

[Arc]

He seems like a cunt/in the wrong. The law may go either way though.

He's a navy man who's an asshole and married a new psycho bitch wife who's more unstable than an emo suicidal 13 year old schoolgirl

take him out before he can do anything. Going down for murder is easier than dealing with PayPal

He's a navy man who's an asshole and married a new psycho bitch wife who's more unstable than an emo suicidal 13 year old schoolgirl


He's attempted to ruin my life and done some majorly fucked up shit and the laws usually gone in his favor due to "navy fight for country" shit.