Check Forgery?

[butterpecan]

What is the name of your state?


I'm in Jackson, MS Residence is in Pearl, MS. I'm going through a divorce and my husband signed my name to my state income tax check that went to our house. It was only made out to me because we filed married but separate at the time. I thought I had the check directly deposited into my separate account. But after a couple of months had passed and I didn't see the money I wrote the state tax commission and they sent me a copy of the check with my name on it but it's not my signature. It is clearly his hand writing. The check was signed to his account. I was reading in the earlier post where you mention the fact of it being 'for deposit only" I didn't see that on the back of the check. It appears that the bank stamped something below the "Depository Bank Endorsement" line. The bank that he took the check to is the same bank that we have a joint loan open on finance on the truck we have.I'm most concerned about this because I have a pending settlement from a case from years ago that I know he's not intitled to. I definitely don't want him to get a hold of this potentially substantial amount of money.


My questions are...Is this forgery even though we are married? If it is, is it a federal crime? What type of punishment is warranted? How long do I have to act? Will there be any special considerations for him since there is a pending divorce case? Do I need to get with a credit fraud or identity theft company to report this has been done or will it be automatically done when I file a report? If my name is on the account jointly that he cashed the check or made the deposit, does this make a difference? Does the amout of the check matter? Will the divorce lawyer I have now be able to prosecute the case, if I have one? I have sent a letter to the MS Tax Commision asking for an affidavit and investigation.

Again my apologies to the OP in that other thread. I must have over looked the new post sign.

[Veronica1228]

Originally Posted by butterpecan

What is the name of your state?


I'm in Jackson, MS Residence is in Pearl, MS. I'm going through a divorce and my husband signed my name to my state income tax check that went to our house. It was only made out to me because we filed married but separate at the time. I thought I had the check directly deposited into my separate account. But after a couple of months had passed and I didn't see the money I wrote the state tax commission and they sent me a copy of the check with my name on it but it's not my signature. It is clearly his hand writing. The check was signed to his account. I was reading in the earlier post where you mention the fact of it being 'for deposit only" I didn't see that on the back of the check. It appears that the bank stamped something below the "Depository Bank Endorsement" line. The bank that he took the check to is the same bank that we have a joint loan open on finance on the truck we have.I'm most concerned about this because I have a pending settlement from a case from years ago that I know he's not intitled to. I definitely don't want him to get a hold of this potentially substantial amount of money.


My questions are...Is this forgery even though we are married? If it is, is it a federal crime? What type of punishment is warranted? How long do I have to act? Will there be any special considerations for him since there is a pending divorce case? Do I need to get with a credit fraud or identity theft company to report this has been done or will it be automatically done when I file a report? If my name is on the account jointly that he cashed the check or made the deposit, does this make a difference? Does the amout of the check matter? Will the divorce lawyer I have now be able to prosecute the case, if I have one? I have sent a letter to the MS Tax Commision asking for an affidavit and investigation.

Again my apologies to the OP in that other thread. I must have over looked the new post sign.

Thanks for starting the new thread and for not being offended for me correcting you. Some people are a little sensitive about that kind of thing no matter how nice you try to say it. I appreciate your understanding.

Anyway, on to your issue. If your stbx forged your name and deposited it into his account, then yes that is fraud. I recommend you contact the issuer and alert them of this issue. They will probably have you fill out an affidavit and may even ask you to file a police report. However, I suggest that you wait until you talk to them before you decide how to proceed after that. Because the check is drawn off of their account they may want to take the lead in possible filing charges against your stbx. At this point, just call the Tax commission and follow their instructions.

Once that is done post back and let me know if you have any other questions or just to let me know how it went. Good luck!

[butterpecan]

Originally Posted by Veronica1228

Thanks for starting the new thread and for not being offended for me correcting you. Some people are a little sensitive about that kind of thing no matter how nice you try to say it. I appreciate your understanding.

Anyway, on to your issue. If your stbx forged your name and deposited it into his account, then yes that is fraud. I recommend you contact the issuer and alert them of this issue. They will probably have you fill out an affidavit and may even ask you to file a police report. However, I suggest that you wait until you talk to them before you decide how to proceed after that. Because the check is drawn off of their account they may want to take the lead in possible filing charges against your stbx. At this point, just call the Tax commission and follow their instructions.

Once that is done post back and let me know if you have any other questions or just to let me know how it went. Good luck!

I can't figure out what stbx is....The MS State Tax Commission sent me a letter saying what I should do. I contacted them by phone and the recept. told me she would send out an affidavit for me to fill out. I asked her what would happen after that she said she really didn't know what the process was. I wonder though if they will investigate automatically without me asking them to. I did send a follow-up letter just for their file. I feel my situation is a bit more complicated because I am in the process of getting a divorce with a guy that really not letting up. I told my lawyer that I suspected it was my husband but I didn't want to outright acuse him of it. My lawyer wants to give him the opportunity to either admit and return the money or deny it. Another question I have is what kind of time to people usually do for something like this.

[Veronica1228]

Originally Posted by butterpecan

I can't figure out what stbx is....The MS State Tax Commission sent me a letter saying what I should do. I contacted them by phone and the recept. told me she would send out an affidavit for me to fill out. I asked her what would happen after that she said she really didn't know what the process was. I wonder though if they will investigate automatically without me asking them to. I did send a follow-up letter just for their file. I feel my situation is a bit more complicated because I am in the process of getting a divorce with a guy that really not letting up. I told my lawyer that I suspected it was my husband but I didn't want to outright acuse him of it. My lawyer wants to give him the opportunity to either admit and return the money or deny it. Another question I have is what kind of time to people usually do for something like this.

stbx = soon to be ex

I don't know if your situation really is that complicated. I mean it is fraud plain and simple. The fact that there is a previous relationship between you, the victim, and your husband, the perpetrator, isn't relevent.

However, if you already have a lawyer then you are paying him/her for their services, so you should probably just let them do what they think is best. Keep in mind, however, that there is a third party involved now and that is the State Tax Commission who could decide to prosecute on their own.

The process for fraud investigations is not standard. It involves the cooperation of at least 2 or maybe more banks and their fraud/forgery/legal/regulatory departments. I have a case I have been working on for 2 years, but it involves hundreds of thousands of dollars and is just in the discovery phase right now. Hopefully it will be resolved soon, but this is one example of how long this can take.

Good luck.

[wayne-o]

I would imagine that he violated federal law by opening your mail as well. The fact that he signed your name constitutes forgery which is a felony in most states.

[butterpecan]

Originally Posted by Veronica1228

stbx = soon to be ex

I don't know if your situation really is that complicated. I mean it is fraud plain and simple. The fact that there is a previous relationship between you, the victim, and your husband, the perpetrator, isn't relevent.

However, if you already have a lawyer then you are paying him/her for their services, so you should probably just let them do what they think is best. Keep in mind, however, that there is a third party involved now and that is the State Tax Commission who could decide to prosecute on their own.

The process for fraud investigations is not standard. It involves the cooperation of at least 2 or maybe more banks and their fraud/forgery/legal/regulatory departments. I have a case I have been working on for 2 years, but it involves hundreds of thousands of dollars and is just in the discovery phase right now. Hopefully it will be resolved soon, but this is one example of how long this can take.

Good luck.

I was informed by my atty that the D.A. probably won't prosecute it because they don't like to get involved with domestic issues? Is there a wau around that?

My atty contacted my stbx atty and gave them the option of returning the money or face charges. I didn't agree with what he did because I want him to face charges whether I get my money or not. Even if he gives the money back to me can he still be prosecuted? It's not all about the money to me. True enough I need it but it's the principle. He doesn't have any respect for me or the law.

[Veronica1228]

Originally Posted by butterpecan

I was informed by my atty that the D.A. probably won't prosecute it because they don't like to get involved with domestic issues? Is there a wau around that?

My atty contacted my stbx atty and gave them the option of returning the money or face charges. I didn't agree with what he did because I want him to face charges whether I get my money or not. Even if he gives the money back to me can he still be prosecuted? It's not all about the money to me. True enough I need it but it's the principle. He doesn't have any respect for me or the law.

There is no way around the D.A. when it comes to having criminal charges filed. If the D.A. thinks there is a strong enough case, and wants to pursue it then they can. If they don't think so, or if they decide that it is more of a domestic issue then they won't.

The only thing you could try to do is sue in Civil or Small Claims Court, but since you will already (hopefully) have the money back by that time there will be no damages and nothing to sue for. I recommend following your attorney's advice.

Try to look on the bright side. Yes, he has no respect for you, but it no longer matters. He will be out of your life for good and you can start over. I think it was Ivana Trump that said "the best revenge is living well." Try it.

Good luck!

[butterpecan]

Originally Posted by Veronica1228

There is no way around the D.A. when it comes to having criminal charges filed. If the D.A. thinks there is a strong enough case, and wants to pursue it then they can. If they don't think so, or if they decide that it is more of a domestic issue then they won't.

The only thing you could try to do is sue in Civil or Small Claims Court, but since you will already (hopefully) have the money back by that time there will be no damages and nothing to sue for. I recommend following your attorney's advice.

Try to look on the bright side. Yes, he has no respect for you, but it no longer matters. He will be out of your life for good and you can start over. I think it was Ivana Trump that said "the best revenge is living well." Try it.

Good luck!

I'll try living well but it will be hard I have two kids by him and he's trying hard to get full custody of our first child and practically denying that the second one is his. I have a long future with him and I have no control over that. It's sad about that D.A. thing. I guess I'm worried that if he feels he van forge my name to a check and get away with it, what else will he forge my name on? If he's prosecuted now it will at least put a sting on him where he won't think about doing it again.