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Law Pro
Law Pro, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 24870
Experience:  20 years trial experience in defense of criminal cases
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If there is a check that is both parties name and the individuals

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If there is a check that is both parties name and the individuals are separated and the one party signs your name without your consent. How do you have to press charges or can you press charges?

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Sorry for your situation.

I presume there is a marriage separation currently - correct?

Who is the check from AND what did they do with the check - deposit it into a joint account or what?

Is there a Family Court action already pending or filed?
Customer: replied 3 years ago.

Smile


I presume there is a marriage separation currently - correct?

Who is the check from AND what did they do with the check - deposit it into a joint account or what?

Is there a Family Court action already pending or filed?
Customer: replied 3 years ago.

Yes as of earlier this week based on mediation. That was one of the issues disagreeing on date but it goes back to August 2011 for separation date.Smile


 

Last question - who is the check from AND what did they (the spouse) do with the check - deposit it into a joint account or what?
Customer: replied 3 years ago.

It was from Progressive insurance for the balance of what the value of the motorcycle which was titled in both names. The husband deposited it into his checking account. The checking account was not a joint account. Smile

His forging your signature on the check is definitely illegal.

While it wouldn't be considered illegal in the past, before the separation, it is since the separation.

So you have 3 options now - you can do individually or all together (potentially - #3 may be a problem if the court determines that the Family Court has jurisdiction in the matter which is usually what they will do under the circumstances):

1) file criminal charges with the District Attorney's office in the matter, and

2) file a motion for contempt and sanctions against him with the Family Court - that he wrongfully forged your signature without your knowledge and consent and stole your monies. the judge would at least sanction him and mandate that he turn over the monies and pay your attorney's fees

3) file suit in civil court for 1/2 the monies - but usually they will dismiss the action and state that the Family Court has jurisdiction over the dispute.



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