Check fraud

What is the name of your state?MD

My brother and his wife are separated. Her car died and she was issued an insurance check, the car is in both of their names and he paid the insurance.

She didnt tell him about the check (her sister signed it and they went to the bank) the bank wouldnt cash the check since it was issued to both of them and he was not present. She hounded him about going to the bank with her Wed-Friday. She was at a dealership and was telling him he needed to sign the check so she could use it for her down payment...he never did. She stopped calling on Saturday (which isnt at all "like her") and we believe she somehow cashed the check with his signature forged by her sister. He plans on calling the insurace company to find out if the check has been cashed...

If it has...whats the next step re: taking legal action against her for fraud, or will the insurance company handle all of that?

Also what are the repurcutions for all involved (she, her sister and anyone else who may have aided in getting the check cashed?)

Thanks

If it has been cashed and his signature was forged (but sometimes places will cash the check or accept it for deposit without both signatures for some reason), then he should call the police and see what they have to do. Or, if it is a large amount, he should also consider consulting an attorney to see about suing her for the amount ... though the lawyer may cost whatever he might obtain.

Carl

This is all strictly a "what if" situation.

Who is the primary driver of the car, who is making the payments and maintaining the vehicle. Who retained the car in the seperation, was the ownership of the vehicle defined in a legal seperation?

I think the only way there will be any criminal charge is if they FORGED his name. If an institution cashed the check without it....very questionable as to if there is any criminal act.

What exactly happened to the vehicle? What do you mean "her sister signed it' then you state you think his sister signed it...

(I can't stop shaking my head on this one)

dequeendistress said:

This is all strictly a "what if" situation.

Who is the primary driver of the car, who is making the payments and maintaining the vehicle. Who retained the car in the seperation, was the ownership of the vehicle defined in a legal seperation?

I think the only way there will be any criminal charge is if they FORGED his name. If an institution cashed the check without it....very questionable as to if there is any criminal act.

What exactly happened to the vehicle? What do you mean "her sister signed it' then you state you think his sister signed it...

(I can't stop shaking my head on this one)

Click to expand...

We dont know for sure if the check has been cashed.

He bought the car, she DROVE the car, he paid the insurance on the car. There isnt a "legal separation" they are however separated and will be having their divorce hearing in october.

She first didnt tell him her car was dead, she also didnt tell him about the check until after HER sister forged his signature and HER bank wouldnt cash the check. She was then forced to call him and asked him if he could come with her to the bank (actually she TOLD him he was going with her to the bank) but he refused. Ive never known insurance company to pay claims for cars that "die." Her car is "community property" everyone drives it so it was most likely wrecked.

She was calling 24-7...the calling ironically stopped on the same day she told him was the last day the dealership would hold that car for her.

She's a very shady person so I'm thinking she went every possible route to cash that check. It's for $3,200.00.

If she did he wants her to have to reap what she sewn.

How can he go about ensuring that happens once he calls the insurance company and asks whether the check was cashed and they say yes it was?