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P. Simmons
P. Simmons, Attorney
Category: Legal
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Experience:  16 yrs. of trial experience
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Under Louisiana Law, When one person commits Forgery by signing

Resolved Question:

Under Louisiana Law, When one person commits Forgery by signing another person's signature on an insurance "claim" check and "cashes it.
Submitted: 7 years ago.
Category: Legal
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to assist...what you describe is indeed a crime..can you tell me your specific question?

Customer: replied 7 years ago.
A "family" member of mine intercepted an insurance claim check in my name, forged my signature, co-indorsed it and "cashed-it" in December 2005.
Expert:  P. Simmons replied 7 years ago.
THank you.

That indeed would be a criminal act. As well you may be able to sue to recover civilly.

The once concern I have is timing...with over 3 years passing you may run into a problem with the statute of limitations. Under both criminal and civil law, in most cases after a certain period of time it is too late to bring action.

I would start by notifying local law enforcement of this matter. They can start the process to press a criminal case.

Then, you may be able to sue to recover the amount in civil court, but I would start the criminal part first, since it may be that if they are prosecuted you can receive restitution (get some or most of your money back)

Here is a link to LA statute of limitations laws

Looks like for fraud its one year...but that is from the time you discover the if you just found out, you can still sue

Best of luck

P. Simmons and 10 other Legal Specialists are ready to help you
Customer: replied 7 years ago.
Thanks for Your Time. I will consult "local" authorities.

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