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forgery... what course of action to take.

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F

FutureLawyer05

Guest
What is the name of your state? NEW YORK

years ago, my parents owned a business and a substantial amount of land (apple orchards) which they now rent out to a member of my mother's family. this family member recently sent my parents 2 large rent checks ($15,000 each). before sending them to my dad's house (my parents are in the middle of a separation and live apart), he called my mother and asked how the checks should be made out so as to avoid any chance of my mother being cheated out of money she was owed. both of my parents names are on the deeds to the land they rent and on all corporate documents from the business before it was sold/rented out. my mother told the family member to put both her name and my father's name on the checks. the checks came to my father's house and my mother never saw them. he endorced the checks with his name and then forged her name and deposited both of them into his own bank account. the family member, upon receiving the cancelled checks back from the bank, made a photo copy of the forged endorsement and sent it to my mother, noting that the signiture did not look like her handwritting.
my question is this: what course of action does my mother have available to her? her separation from my father is not legal yet. if she were to go to the police or to the bank, how long does she have to do so before any statue of limitations expires? she has a matrimonial lawyer for the separation; should she bring up this issue as well and could it be used again my father in the divorce proceedings?

thank you,
stephanie
 


J

JurisPrudence

Guest
Some thoughts

Stephanie: Unless your parents are legally separated or divorced (and it doesn't sound like neither is the case), I'm afraid your mom has very little recourse. Her best bet would be to pursue the issue thru civil court and I'd be willing to bet a civil court judge or jury would rule in favor of your mother at least getting up to half of the amount in question. I would also encourage you to encourage her to file for legal separation as soon as she can. Good luck to you.
 
F

FutureLawyer05

Guest
a legal separation has already been filed for (5 months ago)... the papers have not been signed though due to the fact that the terms of the separation have not been agreed upon yet.
 
P

Pfaffing85690

Guest
Then they are not legally separated and the previous answer is correct.

Now, why not come back and explain how the corporation is listed, the stockholders, how the deed to the land is listed (i.e., the names on the deed and how exactly they are listed).
 

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