QUESTION
What can you do if someone signs your check and deposits it without your permission?
Asked on Feb 25th, 2013 on Criminal Law - California
More details to this question:
My son's ex signed his bonus check from work and put it in their joint account. He had wanted to put it in his private account to pay bills on his house, as the renters had gotten behind. She neither told him she did this, and to top it off, after he took his name off their account she took one of his private checks, made it out and signed it herself and cashed it at her bank. What is wrong with people? She used it all for Christmas presents $1,700.00 and his own personal check she wrote for $125.00. Both were forged and done without his knowledge or ok. What can he do?
12 ANSWERS
Michael J. Breczinski
He can report this to the police an the bank.
Answered on Mar 01st, 2013 at 6:45 PM
James Edward Smith
Sue her in Small Claims Court. The police don't have time for disputes like this.
Answered on Feb 27th, 2013 at 8:48 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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To deposit in a joint account, the check does not really have to be signed. However, a forgery is committed if signed without permission. The problem is that since she is his wife, the police will not be very interested in the cases.
Answered on Feb 27th, 2013 at 8:17 PM
Civil Litigation Attorney serving Fort Lauderdale, FL
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Angelo "Tony" Marino, Jr., P.A.
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You son will first have to decide on whether he wants to do anything. If he does, he can contact the bank and make a police report of the stolen check. The bank will have put the money back into his account and she will be arrested.
Answered on Feb 27th, 2013 at 8:00 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It appears that you have defined what could be both criminal and civil complaints against the person who forged the checks.
Answered on Feb 27th, 2013 at 2:00 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Husbands and wives do this sort of thing all the time and banks know it. nobody cares. And with a joint account there is nothing to do. A joint account means it is just as much mine as it is yours. She beat him to it.
Answered on Feb 27th, 2013 at 2:00 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There is nothing you can do, unless you want to give him money to help him out. He should call the police. However, they may not bring charges. Often, with people living together, they will not bring forgery charges because so often, people in these relationships sign each other's names to checks for convenience. There is a danger that the couple could have given each other authority to sign each other's names while they were together, and then one of them claim forgery for spite after they breakup. If he know all of this before Christmas, then it will raise a red flag that he has waited this long to report it.
Answered on Feb 27th, 2013 at 1:59 PM
1 Award
Call the police. This is not legal and she could be charged criminally.
Answered on Feb 27th, 2013 at 1:59 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You don't do anything. Your son can go to the police and ask for her to be arrested for forgery. He can also go to the bank and show them the forgery. Of course, he will have a problem if she has endorsed other checks of his and deposited them in the joint account. If that is the case, he may have given her the implied authority to cash checks.
Answered on Feb 27th, 2013 at 1:59 PM
Christian Joseph Menard
The bank is responsible for paying on a forged check/signature. Have your son go to the bank, speak to the manager and demand that it make good on the money it paid to the ex. This is why, normally, it is getting more difficult to cash checks at a bank and why banks require identification on transactions that, in the past, did not require identification.
Answered on Feb 27th, 2013 at 1:58 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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You don't do anything other than letting your son solve his own problems.
Answered on Feb 27th, 2013 at 1:58 PM