How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thoreau (T-USA) Your Own Question

Thoreau (T-USA)
Thoreau (T-USA), Lawyer
Category: Criminal Law
Satisfied Customers: 9176
Experience:  Attorney
18048122
Type Your Criminal Law Question Here...
Thoreau (T-USA) is online now
A new question is answered every 9 seconds

My 17 year relationship (woman to woman) has just ended abruptly,

Customer Question

My 17 year relationship (woman to woman) has just ended abruptly, and I have just discovered that she forged my name on as many as 13 stock dividend checks that were held jointly. The dollar amount is small, about $450 ($225 my share). I have also discovered that about 2-3 years ago she may have taken as much as $20,000 (in a single transaction), from a bank account that was "officially" a joint account although she only had authorization to pay my bills when I was incapictated medically. She was on the account in the event something happened to me. I can prove that she never deposited a single penny of her own. My question is: Can I use the forgery charge -not reporting it to the police- as leverage to get her to return my money? Oh, and she also filed a (false) restraining order against me, although the domestic violence part was dismissed. It is in effect for harassment through 12/31/09. I want to write to her brother with instructions to return my money. Can I get in trouble? Help!
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Thoreau (T-USA) replied 5 years ago.

Disclaimer

By reading further, you agree to and acknowledge the following:
1. You understand that laws vary drastically by state and country and that this answer does not constitute legal advice and that no attorney-client relationship is formed.
2. You understand that because no attorney-client relationship is formed, no attorney-client privilege exists and anything you have written could be used against you in court if discovered by an opposing party.
3. You understand that it is impossible for an attorney to provide complete and proper legal advice with JustAnswer and you therefore acknowledge that information provided on JustAnswer is not legal advice.
4. You understand that T-USA is providing this information for the sole purpose of helping you to seek and find legal counsel in your particular state.
5. You understand that T-USA is not providing you with legal services or advice.
6. You understand that T-USA is not agreeing to represent you in any legal matter and that no attorney-client privilege is formed.
7. You understand that you should consult, in person, with an attorney who is licensed to practice in your state or the state in which your question's subject matter is taking place.

State laws can vary drastically. Accordingly, you should consult an attorney who is licensed to practice in your state about this matter. What follows is neither legal advice nor a legal service. What follows is general information which may or may not apply, depending on the laws of your state. Only an attorney who is licensed to practice in your state can provide legal advice or legal services.


_____________________________________

Answer


While the laws governing this matter will vary from one state to the next, generally, if a person can show that a joint account was abused, the person may be able to recover some or all of that sum. However, without any evidence to the contrary, it may be difficult to show that your ex was not entitled to the money out of the joint account. In this situation, a problem arises, as sometimes it is difficult, if not impossible, to show that a limiting agreement existed. Be sure to contact an attorney who is licensed to practice in your state, presenting him with all evidence that the account was yours, and not hers. It may help to show that you were the only person who ever deposited money to the account.

Using a threat of criminal action to obtain a civil remedy may be viewed as extortion, a serious crime. This is not adviseable. However, it is possible to send an appropriately worded demand letter to a person who owes a person a sum. To be certain that a person does not violate criminal laws, it would be wise to hire an attorney who is licensed to practice law in the state in question. That attorney will be skilled in writing demand letters and that attorney will be know how to best express the necessary concerns ethically and legally.


You should consult an attorney who is licensed to practice in your state about these matters. You can find an attorney licensed to practice law in your state through your state's lawyer referral services:
http://www.abanet.org/legalservices/lris/directory/

Because I have provided you with a detailed, high-quality answer in an extremely timely manner, please click the green Accept Button to accept my answer so I will receive credit for the time and effort I have spent answering your question.

Bonuses are greatly appreciated for the exceptional information I provide.

In the future, please feel free to ask questions of me personally at:
http://www.justanswer.com/profile.aspx?PF=18048122&FID=0

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.