Destitute

[umt70s]

What is the name of your state (only U.S. law)? PA

I marred a woman 12 years ago who had three children. Her ex-husband was a dead beat and never paid support so I raised the children and funded all their needs. Now that the children are all grown up the wife decides she doesn't love me anymore and is already in a relationship.

Before she left me I had requested my retirement check to be sent to me. Because I worked at my job before I was married the check was made out to me. The wife opened my mail in my name which I asked her never to do, she took the check without my knowledge or consent and deposited in the bank and began to make cash advance until many thousands of dollars were completely exhausted from the account. At this point I am destitute without a cent which leads me to my question.

I had to take all my business equipment and sell it to keep afloat and pay the mortgage on my home. I had to sell the equipment for next to nothing because I desperately needed the money.

When the divorce takes place and because she left me destitute how will the court look at the sale I made of my business equipment? Since she stole my life savings am I entitled to receive any of that money back?

Thank you for your advise.

 

[OHRoadwarrior]

I would investigate suing the bank for accepting the check with a fraudulent signature, in addition to request the police charge her with forgery.

 

[mistoffolees]

I would investigate suing the bank for accepting the check with a fraudulent signature, in addition to request the police charge her with forgery.

Absolutely. And take a copy of the police report with you when you have your divorce hearing.

 

[nextwife]

If you were the only one attempting to support and pay HER kids needs, her ex was not the only deadbeat parent.

 

[umt70s]

If you were the only one attempting to support and pay HER kids needs, her ex was not the only deadbeat parent.

OMG that is a very good point neither of the children's parents ever paid for health, dental or eye ins I picked up the tab for that as well Thx for the insight.

 

[umt70s]

I would investigate suing the bank for accepting the check with a fraudulent signature, in addition to request the police charge her with forgery.

She never signed the check she just deposited into our joint account, the bank manager showed me how she then went to different branch location an withdrew all the money as cash advances using her bank card.

If she would have forged my name and just cashed the check I could possible sue. Thx OH

 

[mistoffolees]

She never signed the check she just deposited into our joint account, the bank manager showed me how she then went to different branch location an withdrew all the money as cash advances using her bank card.

If she would have forged my name and just cashed the check I could possible sue. Thx OH

How was the check made out? If it was made out to you or if it was made out to you AND her, the bank should not have deposited it without your signature.

 

[umt70s]

How was the check made out? If it was made out to you or if it was made out to you AND her, the bank should not have deposited it without your signature.

As I said at the opening the check was made out to me. She took it to the bank and deposited it into our joint account. No signature was needed because she deposited the whole check then.... she went to other bank locations and pulled the money out.

 

[mistoffolees]

As I said at the opening the check was made out to me. She took it to the bank and deposited it into our joint account. No signature was needed because she deposited the whole check then.... she went to other bank locations and pulled the money out.

Even if it's going into a joint account, I'm not sure she can legally deposit a check with your signature. While it is often OK for a check to be deposited into a joint account without signatures, many checks from insurers or retirement funds will require the payee's signature. If your check was one of those, you would have a cause of action.

Other things to consider:
- The letter was addressed to you. If she opened it, she may have a problem with illegally opening mail that was not addressed to her. While spouses do it all the time, it's not legal:
UPDATES IN MICHIGAN FAMILY LAW: Mail tampering | Opening or hiding the other spouse's mail
The fact that she deposited the check is proof that she opened the mail.

- If you are unable to make either the illegal opening of mail or illegal deposit charges stick, then you are probably out of luck. The check was probably a marital asset and she is allowed to use it. Now, if it was recent and you file for divorce soon, you may be able to get her for dissipation of marital assets, but if it was used for normal living expenses, it's probably completely legal.

 

[umt70s]

Attorneys at Prudential are opening a criminal investigation because of their guideline to what is Fraud and Deception. I had to have their Fraud Statement paperwork notarized and sent back to the attorneys:

Here is what what I attested to:

I have seen and examined a photostatic copy of the check. I swear I did not receive this check.

I did not tell or authorize anyone to deposit or cash the check.

This check was not negotiated or cashed by me. I never received the proceeds from this check from any person, and I did not receive credit from any person for the proceeds from this check.

I still care about my exwife to be, and would hate to see her go to prison but her justifications for deceitful actions are finally going to catch up with her.

I also have video footage of her building a new fence and deck on the backyard while suing a company stating she was unable to work because of back injuries sustained at work. I am entertaining thoughts of sending the video to her former employees insurance co for this fraud and deception as well.

 

[LdiJ]

Attorneys at Prudential are opening a criminal investigation because of their guideline to what is Fraud and Deception. I had to have their Fraud Statement paperwork notarized and sent back to the attorneys:

Here is what what I attested to:

I have seen and examined a photostatic copy of the check. I swear I did not receive this check.

I did not tell or authorize anyone to deposit or cash the check.

This check was not negotiated or cashed by me. I never received the proceeds from this check from any person, and I did not receive credit from any person for the proceeds from this check.

Actually since the money went into a joint account, that does legally count as you receiving the money. If was not illegal for the check to be deposited in your account without your signature for the same reason that direct deposits are not illegal.

I still care about my exwife to be, and would hate to see her go to prison but her justifications for deceitful actions are finally going to catch up with her.

Let them catch up with her in divorce court. Revenge won't taste so good later on.

I also have video footage of her building a new fence and deck on the backyard while suing a company stating she was unable to work because of back injuries sustained at work. I am entertaining thoughts of sending the video to her former employees insurance co for this fraud and deception as well.

You really do NOT want to do that. Mess with her assets or her ability to make a living and you might hurt yourself in divorce court.

Prove that she dissipated the money as part of your divorce.

Also be prepared to prove the need to fire sale your business assets.

 

[umt70s]

Looking over the bank statement clearly shows she used the money for her own self interest. She paid off credit cards in her name a vehicle in her name purchased items to fix up a home she owned before the marriage. Paid bills for her children and then helped herself to cash advances of thousands of dollars to deplete the account.

I had the backyard video duplicated and ready to send off to the insurance co.

 

[mistoffolees]

Actually since the money went into a joint account, that does legally count as you receiving the money. If was not illegal for the check to be deposited in your account without your signature for the same reason that direct deposits are not illegal.

That's not necessarily correct.

It depends on how the check was written. As pointed out earlier, many retirement checks are written in such a way that they can ONLY be cashed by the person whose name is on the check and no on else can cash or deposit them.

As long as OP was honest with all the facts (including the fact that the money was deposited into a joint account), he's doing the right thing. Let the company who issued the check determine if it was fraudulent or not. None of us is in a position to second guess the company that issued the check.

 

[Zigner]

Actually, if it had the account number and "for deposit only" written on it...and it was deposited to the recipients account, it can happen.


Heck, it could even have been STAMPED (I haven't signed the back of a check that I'm depositing in my account for YEARS)

 

[LdiJ]

That's not necessarily correct.

It depends on how the check was written. As pointed out earlier, many retirement checks are written in such a way that they can ONLY be cashed by the person whose name is on the check and no on else can cash or deposit them.

As long as OP was honest with all the facts (including the fact that the money was deposited into a joint account), he's doing the right thing. Let the company who issued the check determine if it was fraudulent or not. None of us is in a position to second guess the company that issued the check.

I am quite confident of my response Misto.