in a panic! can my soon-to-be ex sue me for forging his name?

Question

i did something dumb. my husband and i are going through a nasty divorce. we got a $100 check in both our names from our mortgage company made out to both of us. i deposited it in my account and forged his name... UGH! DUMB! he always had me sign his paychecks in the past when i deposited them before into our account, but now he is determined to get me in trouble for this one. i gave him $60 in cash but he is on the warpath. what is the worse thing he can do? i called my atty but he has gone for the day. i am scared! i am not a criminal, but he is making me feel like one. please help!

just to defend myself a little...if it's ok for me to sign his name on his paychecks...he instructed me to do this... then it's all about the principle, obviously. i gave him the more than half of the check's value anyway, before he had to ask for it. he is doing this to get custody of our son, and because he has to pay child support. it makes me look bad. but he has failed pre-employment drug tests and abuses alcohol AND cheated on me with his co-worker. so who's the bad parent? i hope the judge looks at the big picture! ;o)

Answer 1

First, the canceled check will be returned to the mortgage company. For your soon to be ex to obtain a copy of it, he will have to contact the mortgage company, after it has cleared their bank. So, you have time. Don't panic. He's intimidating you - and whatever you do, don't admit anything to a stupid cop!

Once he gets the copy of the canceled check from the mortgage company, he will have to take it to the bank where you cashed it, and they will have to have him complete a forgery affidavit. The bank is ultimately the one who will be out the money - so it's the bank who will be charging you. If both of your names were on the account, it's highly unlikely that the bank would seek a criminal charge. They might ask you to close the account - and go elsewhere. They might not want to take a chance on another mistake.

Technically, if the check was made payable to you AND your husband, the teller who cashed it was in error anyway. The check should have been deposited into a joint account or you both should have been present.

If you bank history is good, they will probably just have him sign a forgery affidavit and give him the $100.00. It's not worth the cost of prosecuting the case to the bank, even if you had malicious intent.

Don't worry - be glad you are rid of the bum. Just don't trust a cop and don't admit to "forging" anything.

Answer 2

An extremely tough situation. You may not call yourself a "criminal", but you did commit a crime.

I assume by this that you have a joint account as well as a personal account? If you signed his name without his consent, then yes, it's forgery and he is within his rights to sue you for it. However, verify with the bank on whether their joint accounts require both signatures.

You also should not have given him anything in cash, since there is no record of the transaction, instead of a check. You can say that he "had you sign" his paychecks, but he will say that you acted of your own accord, he said/she said. But right now, you both have to admit the truth. It'll take longer than a few days for him to file legal action against you, so you can probably wait until tomorrow to call an attorney.

If the divorce is really that bitter, then I can understand him taking every advantage that he can get. However, in the long run, I have a difficult time imagining this will change a whole lot in the separation proceedings.

Answer 3

If the account is still in both your names, I don't see where he can do anything. While the account is in both your names, either of you can spend the money any way you see fit. Most banks only require one signature for a deposit in a joint account. Some don't require any. And if there is a history of him requiring you to sign checks for deposit, and he hasn't changed anything at the bank, then he has no beef with you. There really isn't anything he could do if you drew out a portion of the money or even all of it and opened your own separate account. I don't know if you feel justified in doing that but I believe you have the right to do so. Check with your bank. Tell them the history and what you did. They should know if there are any problems involved.

Answer 4

No offense yet your ex isn't to marvelous to no longer point out various of a guy. If the charges are in his call he's in charge for them. If there are costs that have the two your names on them then you certainly would be partly in charge for them. As for the joint acct, if the acct is with a economic corporation close to then you definately go close it and open one on your call in effortless terms. there is not any longer a single ingredient he can do approximately that. Having a word that has been notarized would not recommend something, he grow to be basically taking great factor with regard to the actuality which you will possibly purchase into it. i might say you have the top hand here. He left you for yet another woman, moved to a diverse state, and is jobless, which will almost certainly go over like a lead balloon with the courts. As for the domicile, did you relatively chop up the proceeds with him? If he placed his proportion in the joint acct then that's his loss. Do your self a prefer and write down any and all question which you will think of of in the previous you visit an criminal expert, that way you will no longer forget approximately something and you will come far off from it feeling extra perfect suggested. additionally, do no longer wait around on your ex to record for divorce, if thats the case you ought to be waiting for an fantastically long term. sturdy success to you

Answer 5

From now on when you receive a joint check and it is going in a joint account write 'For Deposit Only' on the back of the check. If the account is in both names he would probably have a tough time since it was deposited and not cashed.

Answer 6

He'd have to call the police with the cancelled check. He needs proof of it. The signature would have to look forged. Nothing will probably happen tonight, so you'll be able to talk to your attorney about it. You shouldn't have given him the money, it's cash and you can't prove you gave it to him. That would negat a theft charge since you gave him his share back. I doubt a DA would go after with forgery charges since it's more of a domestic/divorce matter. Try to relax and talk to your attorney tomorrow. And for God's sake, don't communicate with your husband until you talk to your attorney.

Answer 7

Yes you should have known better. It is one thing when you are getting along, and you sign his checks, but when you are in the middle of a divorce, you don't do anything to look bad. The worst case scenario, has you arrested for forgery and uttering. You have just put him in the drivers seat, and any demands that he makes, you shall have to agree to, or he could push it and you might wind up in the graybar hotel.

Answer 8

You should get a lawyer but you will be fine. You didn't have any mal-intent. You tried to make the situation right by giving him his share of the money. All you did was make an error in judgement and your husband is probably not going to be able to prosecute you. He can sue you but for what? He would have to prove damages and he was not damaged.

Answer 9

Absolutely. Your soon to be ex can get you into trouble for this. You can be arrested, but I don't see you doing time for it. If he can prove that the signature is not his, it is forged and therefore technically a felony.

Answer 10

I can't tell you in detail what he can do, but yes he can definitely sue you for forging his name. He take that and say you are a liar and who knows what else to make you look real bad.