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wallstreetesq
wallstreetesq, Lawyer
Category: Criminal Law
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Experience:  10 years Experience, have tried several high profile felony cases and misdemeanors
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Can a wife be charged with forgery for signing her husbands

Resolved Question:

Can a wife be charged with forgery for signing her husbands name to a check and cashing it?
Submitted: 4 years ago.
Category: Criminal Law
Expert:  wallstreetesq replied 4 years ago.
it is a crime to forge a signature of a person without consent or authority, however the police rarely if ever would prosecute a spouse for this action, as they do not like to get involved in these disputes, and couples who are married the assets are usually 50% the spouses anyway. This is something to be brought up in a divorce case, where the court would make her give back the money taken
Customer: replied 4 years ago.

A check was taken from my personal checking account. The check was made out to her for $300 and my name was signed to he check. She cashed the check.

I am aware I may add this to my divorce case.

She is a convicted Felon.

My question is can she be prosecuted for forgery?

Expert:  wallstreetesq replied 4 years ago.

Indiana Counterfeiting or Forgery:

  • A deception deliberately practiced in order to secure unfair or unlawful gain.
  • A piece of trickery; a trick.
  • One that defrauds; a cheat.
  • One who assumes a false pose; an impostor.

As per Indiana forgery law the act of signing your name is XXXXX XXXXX

Also report the forgery to the bank, as per the UCC "Customers have a duty to discover and report unauthorized signatures or alterations with reasonable promptness under the UCC. If, based on the account statement, "the customer should reasonably have discovered the unauthorized payment, the customer must promptly notify the bank of the relevant facts." If the bank proves that the customer failed to comply with this legal duty, the customer cannot assert the forgery claim against the bank." meaning that the bank would pursue criminal charges also, and may refund your money as they should have detected it.
wallstreetesq, Lawyer
Category: Criminal Law
Satisfied Customers: 15694
Experience: 10 years Experience, have tried several high profile felony cases and misdemeanors
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