What is the name of your state (only U.S. law)? MA
a friend is going thru a divorce. He and the ex were married only 3 years, during which they shared barely any financial activity: separate back accounts and credit, filed taxes separately. She owned the home they lived in as she bought it previously.
a few day after he moved out his workers comp check came to their house; in the hurry of leaving he forgot to contact them right away with a new mailing address. The check was made out only to him, for $3500. Ex took the check, forged/faked his signature on the back, and deposited it to HER solo bank account at her bank, via ATM. When my friend didn't receive his check he called his workers comp case manager to be told it had already been cashed. The issuing bank provided him with a copy of the cancelled check, front and back, with the forged sig.
Weeks later he still doesn't have his money; the originating bank can't/won't help or cut another check since the original one was cashed. They referred him to the cashing bank, his ex's bank. In his 1st call to their fraud department the rep told him (wasn't supposed to tell him, it turns out) that the funds had been debited back out of her account and the bank was 'holding' them until further notice. 2nd call resulted in a stonewall, the fraud rep telling him he couldn't tell him anything. He has filed a police report with his local police but they are also dragging, no one seem to be moving anything. What is the next move.
How can he a) obtain his money and b) have her charged with felony forgery (over $2500k in MA is felony) so as to make sure she doesn't do this again. She has clean record no priors, but a history of domestic chicanery and troublemaking and he wants her charged, even knowing it may be dropped or bargained down. Won't she at least have to pay a fine - ? He feels this will act as deterrent.
a friend is going thru a divorce. He and the ex were married only 3 years, during which they shared barely any financial activity: separate back accounts and credit, filed taxes separately. She owned the home they lived in as she bought it previously.
a few day after he moved out his workers comp check came to their house; in the hurry of leaving he forgot to contact them right away with a new mailing address. The check was made out only to him, for $3500. Ex took the check, forged/faked his signature on the back, and deposited it to HER solo bank account at her bank, via ATM. When my friend didn't receive his check he called his workers comp case manager to be told it had already been cashed. The issuing bank provided him with a copy of the cancelled check, front and back, with the forged sig.
Weeks later he still doesn't have his money; the originating bank can't/won't help or cut another check since the original one was cashed. They referred him to the cashing bank, his ex's bank. In his 1st call to their fraud department the rep told him (wasn't supposed to tell him, it turns out) that the funds had been debited back out of her account and the bank was 'holding' them until further notice. 2nd call resulted in a stonewall, the fraud rep telling him he couldn't tell him anything. He has filed a police report with his local police but they are also dragging, no one seem to be moving anything. What is the next move.
How can he a) obtain his money and b) have her charged with felony forgery (over $2500k in MA is felony) so as to make sure she doesn't do this again. She has clean record no priors, but a history of domestic chicanery and troublemaking and he wants her charged, even knowing it may be dropped or bargained down. Won't she at least have to pay a fine - ? He feels this will act as deterrent.
