+ Reply to Thread
Results 1 to 12 of 12
  1. #1
    waiting_game is offline Member
    Join Date
    Aug 2010
    Posts
    97

    Question My signature forged for rapid refund

    What is the name of your state (only U.S. law)? Tennessee
    My ex and I split up last November. He went to girl he knows at H&R Block and filed our income tax refund and got a rapid refund for over $4000. My signature was forged. According to H&R Block, if they had been told that there were circumstances that prevented me from coming in, they would have let my ex take the papers for me to sign. I never saw them much less signed them.
    Do I have any recourse to follow for his forgery?
  2. #2
    tranquility is offline Senior Member
    Join Date
    Mar 2006
    Posts
    18,590
    Sue your ex.
  3. #3
    davew128 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    4,893
    And sue H&R Block. Don't forget to file a police report for the fraud that was perpetrated by forging your signature on a loan document.
  4. #4
    CourtClerk is offline Senior Member
    Join Date
    Apr 2007
    Location
    Sitting at the computer probably rolling my eyes at your post
    Posts
    13,439
    Quote Originally Posted by tranquility View Post
    Sue your ex.
    I'm assuming this is an ex spouse (and the OP wasn't trying to commit tax fraud). If that's the case, the divorce judgment needs to be amended to include the tax refund (which would have been marital property).
  5. #5
    davew128 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    4,893
    Quote Originally Posted by CourtClerk View Post
    I'm assuming this is an ex spouse (and the OP wasn't trying to commit tax fraud). If that's the case, the divorce judgment needs to be amended to include the tax refund (which would have been marital property).
    Well to be clear, OP says she split up before the end of the year. Assuming it meant divorced, ex had no business filing a joint return with her name on it, divorce agreement or no divorce agreement. Even if the divorce was not final at year end, he had no business filing such a return as it requires the consent of both spouses which clearly is not the case here.
  6. #6
    waiting_game is offline Member
    Join Date
    Aug 2010
    Posts
    97

    more info

    we were never married.
    I guess I have to make a 10 hour trip to the H&R Block he used to get a copy of the paperwork with my forged signature. Then what do I do, tell the local DA?
  7. #7
    TinkerBelleLuvr is offline Senior Member
    Join Date
    Aug 2007
    Location
    With Capt'n Hook
    Posts
    11,335
    Did you file a tax return for that tax year yourself? Have you ever filed a joint return in the past with your X?
  8. #8
    davew128 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    4,893
    Why can you not call them and ask them to send you copies? IIRC, HRB has district offices and managers available year round.

    In the meantime I think you have other issues where the IRS is now going to have you as having filed a joint return when you weren't married, and well, rapid refund is technically a loan which might very well have shown up on your credit report. I think the tax return issue would concern me more at this point because, not only because it is false and until you report it you're liable for it, but it can cause all sorts of collateral problems depending on what you do.

    Start making phone calls.
  9. #9
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    65,355
    Quote Originally Posted by davew128 View Post
    Why can you not call them and ask them to send you copies? IIRC, HRB has district offices and managers available year round.

    In the meantime I think you have other issues where the IRS is now going to have you as having filed a joint return when you weren't married, and well, rapid refund is technically a loan which might very well have shown up on your credit report. I think the tax return issue would concern me more at this point because, not only because it is false and until you report it you're liable for it, but it can cause all sorts of collateral problems depending on what you do.

    Start making phone calls.
    Since they were not married, there is also a chance that he simply claimed her as a dependent, rather than filing a joint return.
  10. #10
    waiting_game is offline Member
    Join Date
    Aug 2010
    Posts
    97

    I already talked to the IRS....

    ...and advised them of the issue. They sent me a transcript of the return. It shows he filed as married filing joint. I did not work in the last year so he did not get or use my w-2's. The issue is him forging my signature (so that I would not know how much he got back). He has not paid any child support or assisted in caring for his child in almost a year.
    H & R Block where he filed it is only open on Mondays and the local office told me I would have to be at the location in person, show ID and pay for copies.
  11. #11
    davew128 is offline Senior Member
    Join Date
    Nov 2007
    Posts
    4,893
    waiting_game, well the issue is also that you are considered to have filed a joint return when you were not married however if you have contacted the IRS and explained that you did not sign this return, you've done all you can. I might personally file a single return if you haven't already done so and that will force the issue since you and he will both get IRS correspondence.

    As far as HRB is concerned, they are somewhat responsible in that if he applied for one of their rapid refund products I believe (maybe somebody who works at a chain can confirm this) they are supposed to witness the signatures of both spouses. Call your LOCAL HRB office, go in and explain it to them so that they get the copies. It is unconscionable that they want someone who has been defrauded by another party using their company to pay for a copy of the return which is fraudulent.

    Talk to the local district manager or whatever the title is. Talking to rank and file employees isn't going to get you anywhere.
    Last edited by davew128; 10-01-2010 at 04:16 PM.
  12. #12
    LdiJ is offline Senior Member
    Join Date
    May 2004
    Posts
    65,355
    Quote Originally Posted by davew128 View Post
    waiting_game, well the issue is also that you are considered to have filed a joint return when you were not married however if you have contacted the IRS and explained that you did not sign this return, you've done all you can. I might personally file a single return if you haven't already done so and that will force the issue since you and he will both get IRS correspondence.

    As far as HRB is concerned, they are somewhat responsible in that if he applied for one of their rapid refund products I believe (maybe somebody who works at a chain can confirm this) they are supposed to witness the signatures of both spouses. Call your LOCAL HRB office, go in and explain it to them so that they get the copies. It is unconscionable that they want someone who has been defrauded by another party using their company to pay for a copy of the return which is fraudulent.

    Talk to the local district manager or whatever the title is. Talking to rank and file employees isn't going to get you anywhere.
    OP, did you EVER file a joint return with him voluntarily? Do you have any idea where he got the idea to file a joint return when you were never married?

    How did you find out that he had done that?

    Do you have children in common? He would have had the right to claim any of your common children since you lived together for more than six months of the year, and clearly he had the higher income, but filing a joint return was seriously fraudulent.

Similar Threads

  1. forged signature
    By mymimis in forum Hiring, Firing & Wrongful Termination
    Replies: 1
    Last Post: 04-13-2008, 12:04 AM
  2. my signature forged
    By e.m.e. in forum Landlord / Tenant Issues
    Replies: 7
    Last Post: 03-14-2007, 02:42 PM
  3. Forged Signature
    By CATWOMAN06 in forum Consumer Contracts, Guarantees and Warranties
    Replies: 0
    Last Post: 07-26-2006, 11:50 AM
  4. Forged signature on contract, not my signature
    By bh674 in forum Business Contracts and Franchises
    Replies: 9
    Last Post: 03-01-2005, 10:20 AM
  5. Forged signature
    By ivan123s in forum Consumer Contracts, Guarantees and Warranties
    Replies: 0
    Last Post: 05-24-2004, 10:06 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.