Ex wife cashed my check

[jackson978]

I have been divorce since 2011 I forgot to change my address and user name and password for a 401k account. She withdrew 7500 off of the account 2 years ago I just found out last month. The bank allowed her to deposit a check into her account that was in my name I'm thinking she signed my name and hers. But the the check was only made out too me. I think the bank should take some responsibility as well as her. What can I do?

 

[adjusterjack]

Report your ex-wife's crime to the police.

Forget about the bank. It's not going to happen.

You can also sue your ex-wife for the money (if you haven't waited too long).

Two years might already be too long on both.

How did you lose $7500 and not know it for two years? Don't you pay attention to your money?

 

[LdiJ]

I have been divorce since 2011 I forgot to change my address and user name and password for a 401k account. She withdrew 7500 off of the account 2 years ago I just found out last month. The bank allowed her to deposit a check into her account that was in my name I'm thinking she signed my name and hers. But the the check was only made out too me. I think the bank should take some responsibility as well as her. What can I do?

Was she entitled to any money from that 401k in the divorce? If there was a QDRO that would explain how she was able to do that.

 

[shardisky]

I have been divorce since 2011 I forgot to change my address and user name and password for a 401k account. She withdrew 7500 off of the account 2 years ago I just found out last month. The bank allowed her to deposit a check into her account that was in my name I'm thinking she signed my name and hers. But the the check was only made out too me. I think the bank should take some responsibility as well as her. What can I do?

Would the bank have record (electronic or paper) of the check?

May be able to verify it's not OP's signature?

If this goes to court would something like this be helpful?

As for the bank being responsible, they'll probably say negligence on your part since its 2 years ago. The bank will work with you up to a year with forgery or fraud on their end. . .I don't know about the courts?

 

[Ohiogal]

Was she entitled to any money from that 401k in the divorce? If there was a QDRO that would explain how she was able to do that.

A QDRO would NOT entitle her to cash a check with HIS name on it.

 

[shardisky]

I have been divorce since 2011 I forgot to change my address and user name and password for a 401k account. She withdrew 7500 off of the account 2 years ago I just found out last month. The bank allowed her to deposit a check into her account that was in my name I'm thinking she signed my name and hers. But the the check was only made out too me. I think the bank should take some responsibility as well as her. What can I do?

Which state are you from?

 

[LdiJ]

A QDRO would NOT entitle her to cash a check with HIS name on it.

That is assuming that he knows for sure that it had his name on it. It may be that he does, it may be that he does not. I would certainly want to be absolutely certain before I got the police involved.

 

[Ohiogal]

That is assuming that he knows for sure that it had his name on it. It may be that he does, it may be that he does not. I would certainly want to be absolutely certain before I got the police involved.

A QDRO is a court order that would be filed with the court and he would be aware of that. It takes quite a bit to prepare a QDRO. Many attorneys outsource them to specialized companies because the language is very specific. QDROs are also an additional charge. He would know if a QDRO had been prepared.

 

[Zigner]

A QDRO is a court order that would be filed with the court and he would be aware of that. It takes quite a bit to prepare a QDRO. Many attorneys outsource them to specialized companies because the language is very specific. QDROs are also an additional charge. He would know if a QDRO had been prepared.

I believe that LdiJ was saying that, without seeing the check, the OP doesn't know for sure that the check was made out in his name.

 

[LdiJ]

I believe that LdiJ was saying that, without seeing the check, the OP doesn't know for sure that the check was made out in his name.

That is correct. I can envision a scenario where the ex's attorney got a QDRO prepared and the OP did not even understand what the QDRO did, particularly if he was not represented or was not paying very good attention. Therefore, I would want to be certain that the check really was made out to him. I suspect that the 401k trustee can provide that information.

 

[jackson978]

Hey Thanks for all the replies. So the banks only check electronics check on file for 90 days. The archives checks can only be court subpoenas. So the only proof I have is the missing money from the 401k account. She was not entailed to the money. I never changed my address so the mail went to the old house and she used my login to request the check.


The police are saying it's he say she say without proof.

Seems like the only other option is to sue. Does that sound right?

 

[HRZ]

Proof of what....if you did not withdraw it then somebody must have done so via forgery or deception ?
I'm not sure if timeline as to any statute of limitations runs from event or from date you discovered it or should have know it

I get it that perhaps local DA declines to prosecute what appears to be a he said she said squabble ...but reposture your facts if there is a better forgery or deception point and address DAs office directly.

Sue the ex for all funds plus all tax damages she may have triggered ?

Wake up,and close all backdoor and credit cards.

IF a check was made payable to you...how did she cash it absent forgery ..separate issue ..go,back after her hide .Even of you owe her for something else, that is not a good reason to forge your name ...

 

[LdiJ]

Hey Thanks for all the replies. So the banks only check electronics check on file for 90 days. The archives checks can only be court subpoenas. So the only proof I have is the missing money from the 401k account. She was not entailed to the money. I never changed my address so the mail went to the old house and she used my login to request the check.


The police are saying it's he say she say without proof.

Seems like the only other option is to sue. Does that sound right?

The 401K administrator should be able to tell you who a check was written to...they might even be able to give you a copy of the cancelled check. Stop looking to the bank, look to the 401K administrator. They are the ones who cut the check.