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My sister forged my name on an insurance check and cashed it

 
Lucy, Esq.'s Avatar
  • Answered by:Lucy, Esq.
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Customer Question

My sister forged my name on an insurance check and cashed it and moved out of state. What is the punishment for forgery.

 

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State/Country relating to Question: Nevada

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I haven't tried anything, I didn't see her sign my name. My sister lived in Nevada as well as my dad and I left my sister with the understanding that she was going to submit the insurance policies and then contact me. She then retired and called me and told me she cashed the check and got her eyes done. She moved without a forwarding address.

Submitted: 932 days and 2 hours ago.
Category: Criminal Law
Value: $38
Status: CLOSED

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Expert:  Lucy, Esq. replied932 days and 1 hours ago.


Lucy, Esq. :

Hi, My name is XXXX XXX I'd be happy to answer your questions today.

Lucy, Esq. :

Forging an endorsement on a check is a Category D felony, which means that it is punishable by 1-4 years imprisonment, a fine of up to $5,000, or both.

Lucy, Esq. :

I hope that helps. Please let me know if you have any additional questions.
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Please click "ACCEPT" so I get credit for helping you today. Feedback & bonuses are appreciated. This Answer is for informational purposes only – no attorney/client relationship is established. To request my help in the future, please put "For Lucy" in the subject of your question. Thank you for using Just Answer.

Customer :

Do I contact the police? Will the police investigate?

Lucy, Esq. :

Yes, you should file a police report. They will investigate.

Lucy, Esq. :

Also, if you haven't done so, contact the insurance company. They can file a claim with the bank and, if they can verify that you didn't cash the check, they should reissue it for you.

Customer :

I don't know the name of the insurance agency - it was my sisters job to go through my dads things. They lived in Nevada and I live in California. My sister called me and said that she cashed a check and got her eyes done. She retired and moved out of state

Lucy, Esq. :

If the check was made out to your dad, then he is the victim, and he should be the one to call the police.

Customer :

My dad is dead. It was a life insurance check. My sister moved out of state. She now lives somewhere in Bremerton Washington.

Lucy, Esq. :

I'm sorry to hear that.

Lucy, Esq. :

Is there any way you can get to Nevada to review the paperwork? Did she get rid of all the paperwork when she moved?

Customer :

Yes. There is no way for me to find out the name of the insurance company, How can the police help me with this?

Lucy, Esq. :

They can track her down, interview her, subpoena her bank records, find a copy of the check from where she cashed it, compare the signature on the check to your signature, and arrest her.

Lucy, Esq. :

Once you know where she is, you can also sue her for conversion, which is the civil equivalent of theft.

Customer :

The forgery happened in Nevada and she now lives in Washington

Lucy, Esq. :

They'll also be able to contact the insurance company to review their records and confirm that you were a beneficiary on the policy.

Lucy, Esq. :

Nevada has jurisdiction, because that's where the crime occurred.

Customer :

So I have to call the police in Las Vegas and tell them my story? Do I file for conversion in Washington where she lives now. The reason why I am asking is because I live in California and Las Vegas is 500 miles from where I live. Bremerton Washington is over 1000 miles.

Lucy, Esq. :

You file the report in Las Vegas. The civil suit could be filed in Las Vegas or in Washington - either where it happened or where she can be found.

Customer :

Is forgery of a life insurance check different than forgery of an insurance check?

Lucy, Esq. :

No.

Customer :

Can I file a report by email or by phone?

Lucy, Esq. :

You can call the police station to file the report. They may want to mail you paperwork to sign.

Customer :

Well that is good news. Do I have a time limit?

Lucy, Esq. :

Let me double-check it for you.

Lucy, Esq. :

The statute of limitations for the state to charge her is three years from the date she cashed the check.

Customer :

Thank you!

Lucy, Esq. :

The statute of limitations for you to sue is two years.

Expert TypeLawyer
Category: Criminal Law
Pos. Feedback: 98.6 %
Accepts: 1004
Answered: 10/28/2010

Experience: Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.

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