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  1. #1
    whg Guest

    Misappropriation of funds

    my daughter filed and received a divorce from her spouse. part of the decree was that she received the house. later, she sold the house and moved. the mortgage company settled the account and sent her a check for the balance in the account. the mortgage company addressed the letter to my daughter whos name included her maiden name and married last name. they also showed the ex's name. the window enevelope was not big enough to show her full name and only her maiden name showed through. since this occurred, the post office had no forwarding address for this so they sent the letter to her ex. he cashed the check(remember, his name was on the check)even though he knew the money did not belong to him and now refuses to pay it back. without resorting to filing suit in court to get the divorce decree enforced and have the money returned that way, is there any criminal charges applicable for this misappropriation of funds?
  2. #2
    advisor10 Guest
    10-25-2001

    DEAR WHG:

    Speak with someone at the police department about this matter--there should be some type of legal charges that could be filed locally about this matter without even going into divorce court, such as theft or fraud. Or consult with a local business law attorney about it. Somehow if you got someone at a consumer affairs agency to contact the bank about their incorrectly cashing this check that was incorrectly endorsed, out of embarrassment the bank might want to go ahead and do something about demanding payment from the person who improperly cashed it.

    SINCERELY,

    [email]knort@my-deja.com[/email]
  3. #3
    whg Guest
    thanks [email]knort@my-deja.com[/email]. i went to the police department and they referred me to the financial crimes unit(read this forgery). a detective advised that since the ex's name was on the check, it was not a crime but seemed to him rather it was a civil matter. guess there is no way to get him short of sueing to enforce the divorce decree. in retrospect, guess she should have gone to the expense of revising the loan and having his name eliminated.

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