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Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 23548
Experience:  Active member of the NYS bar since 1989
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I am trying to prosecute a family member checks

Customer Question

I am trying to prosecute a family member for forging checks from my parents bank account over a year ago. I am being told by the bank that there is a one year statute of limitations and they will not proceed. They brought the issue to my attention when I became POA for both parents but my father passed in Feb and my mother is now living with me and is suffering from dimensia. Just trying to recoup some of the money to cover health care for my mother. It's a long story.....
Submitted: 1 year ago.
Category: Legal
Expert:  Zoey, JD replied 1 year ago.
Hello,
My name is ***** ***** I will be assisting you with your question.
You can also contact the New Jersey State Bar Association's legal referral Service. They charge a fee of around $50 for their referral which includes a free half hour consultation with an attorney.
http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=NJ
To see a larger range of possibilities, you could also use a reliable commercial lawyer referral service. One which has been around for a long time and which is highly regarded is Martindale.com. Many of Martindale's lawyers are peer and client rated, which many customers find useful to help them narrow down the field.
Statutes of limitations are not necessarily black and white. The statute starts running from the last in the series of illegal incidents but they can also start to run from when the crime could reasonably have first come to light. If the statute has run, then you cannot avail yourself of the courts to get your parents' money back. But it's worth a consultation to see if there's any latitutde for a suit. The fact that the bank is not interested in going forward doesn't mean you shouldn't explore it.