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Can I file criminal charges against my ex-wife for using my bank account to pay her cell phone bill in state of Wisconsin

Asked over 3 years ago - Montello, WI

my ex-wife has used my bank account to pay her cell phone bill.I was in an accident and she was supposed to pay my blls,not hers.I did not find this out until july of this year and shes been doing it since september of last year.She has paid me $400 back but it doesnt look like Ill get the rest.Is this fraud?Can I press charges?

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Attorney answers (2)

Anthony D. Cotton

Reputation Level 12

Answered over 3 years ago. Criminal Defense Attorney in Waukesha, WI.

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It sounds like your ex-wife is committing theft if she is using your money to pay her bills. You cannot personally press charges, instead you should contact the local police department if you feel this should be reported. The police will contact her and take it from there. Typically, if they feel the case should be prosecuted criminally, it will be referred to the District Attorney's Office. Then, if the case is formally charged, you will have rights as a victim of a crime and you could potentially receive restitution.

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Jean M. Kies

Reputation Level 11

Answered over 3 years ago. Criminal Defense Attorney in Milwaukee, WI.

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Mr. Cotton's answer is correct. However, since this is your ex-wife, you may not want to proceed with criminal charges. Rather, it may be better for your family (assuming you have children with this lady) to simply take her to small claims court to get a judgment against her. Then you could garnish her wages and be repaid for your losses.

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