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This may turn into a criminal law question. PA. My attorney…

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Hi this may turn into a criminal law question

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PA

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Yes my attorney is a family law attorney not a criminal one

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How much will fee be

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Answered in 1 minute by:
3/11/2018
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. If you still have questions about the fee, please contact customer service before we proceed.

What can you tell me about your situation?

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Customer reply replied 4 months ago
Well I already have a family law attorney. My ex-husband forged my signature on a PA State tax refund check back in October. He actually called the state before they mailed it (supposed to go to my address) and told the state to send to his address. The local State Rep's office informed me that the check was cashed. We are awaiting the copies of front and back of cashed check. Did my ex commit forget since I know he signed my name? We were divorced at the time he cashed the check...

Yes, it is. The definition of forgery is in Title 18, United States Code, Section 4101. A person commits forgery when he "makes, completes, executes, authenticates, issues or transfers any writing so that it purports to be the act of another who did not authorize that act."

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If the divorce decree mentioned that the two of you would share the refund, you could take him back to contempt. That might get you faster results than filing a civil lawsuit. But you can also file a police report.

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Customer reply replied 4 months ago
We were to file separate and amended tax returns as part of the divorce so I did ...I think the person who does my taxes accidentally re-filed it joint...bot***** *****ne is, I did not give my ex permission to sign my signature on that check..my tax lady told him that he would not be permitted to cash it but he did anyway...so do I have to go through my attorney since this is potentially a criminal issue?

You don't have to go through your lawyer to report him, but you can. He should not have cashed the check. Your mistake doesn't give him a right to sign your name.

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Customer reply replied 4 months ago
Ok, so the other question I have is:. Do I go to State or borough police to report this? In PA if you live in a borough or small town you must go to the local police but if you live outside a small town or borough (township) you contact State police. I am asking because this may be a state crime since he cashed a state check...

Start with the local police in the area where he lives. State police likely wouldn't be interested unless he's engaged in a pattern of forgery or cashing checks worth tens of thousands of dollars.

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Customer reply replied 4 months ago
Ok but would local police require the copies of cashed check at the time I file the report or would it be enough to play them a voicemail of State Rep's employee stating that the check was cashed and that they are awaiting the copies of signed check?

If you don't have a copy of the check to show them, they may not do any real investigation. It might be better to wait. They can get the check if necessary, but seeing it might make them more compelled to take action.

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Customer reply replied 4 months ago
Ok one more question...could the bank produce copies of cashed check? I believe I know who his bank is and could I explain the entire situation to the bank that I am a fraud victim and I need copies of front and back of cashed check for proof?

His bank can produce copies, but you'd need a subpoena if your name isn't on the account. Your family law attorney can issue a subpoena.

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Do you have any other questions about this?

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Customer reply replied 4 months ago
I have another question about the check. I just received the copies of the front and back of the check that my ex cashed. The check was made out to both of us with "and" separating our names. He wrote "for deposit only" on back of check and deposited it into his account. Is this still fraudulent behavior even though he did not forget my signature?
Customer reply replied 4 months ago
Forge not forget, sorry

It's not forgery if he didn't sign your name. However, the bank should have rejected the check for not having both signatures. And you can sue him for your share of the money, because he shouldn't have deposited the check without your consent.

Please rate my service positively, as this is the only way that I get paid for the time spent answering your questions. Thank you.

Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified
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