my legal quesion is it legal for her to cash his checks just because he gave permision to get bank statements and deposits the sherrif is lost she took the money she gave it back from that one check but, there is more about 17000.00 more the bank says yes she can do it since he gave her limited access to the acount but, the bank says it is total access these checks never went into the account she cashed them small community related st attorny
Thank you for your question. I am happy to assist you.
It was not legal for her to cash the checks. It is embezzlement. This is true regardless of the fact that she returned the money. It is a crime and the state attorney should prosecute.
In addition, the bank should not have allowed her to cash the checks. Your husband gave her authority to obtain bank statements and make deposits. That is completely different from signing his name and cashing the checks. It appears that the bank is rightfully concerned about its liability resulting from its wrongful check cashing.
If you have business owners insurance, check your policy. If you have coverage for employee dishonesty, you can file a claim and be reimbursed by your insurance. If not, you will need to pursue the matter in court.
I hope that the information which I provided was helpful to you.
Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.
Thank you, FLAandNYLAWYER
Please click ACCEPT so that I can get credit for my work
Bonus and Positive Feedback gratefully accepted!
THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).