She moved to another state & cashed it, and I did not sign.
What can I do if anything??
2007-05-11 16:45:33 · 10 answers · asked by SMOKINU2 1 in Business & Finance ➔ Taxes ➔ United States
don't know how much the refund was, but you got a hell of a deal, money well spent
2007-05-11 17:37:41 · answer #1 · answered by Jo Blo 6 · 0⤊ 0⤋
She ought not, but could find a way. Calling the IRS might work, but if you know the bank that she cashed it at, they have to keep the copies on file for 90 days. If you can call them and get a copy, it may help to know if she forged your signature or if the bank just made a boo-boo.
An income tax check made out to two people requires both signatures. This doesn't mean that both people have to be present or that it has to be a joint account. Therefore, forgery is an easy crime to commit in this case. Also, error at the front end that isn't caught by the clearing house is possible. Try to get a copy of the check at the bank or IRS.
She's probably counting on you to not have the time to fight the battle and when I say battle....it could be.
2007-05-11 23:58:54 · answer #2 · answered by chuckyoufarley 6 · 0⤊ 0⤋
No, an IRS refund check made out in both names (for a joint return) requires both signatures to cash it. It doesn't matter which of you earned the income on the return.
You can call the IRS.
2007-05-11 23:57:06 · answer #3 · answered by Judy 7 · 1⤊ 0⤋
did she cash it through a joint checking account? if so then she didnt need your signature. Either way she could have signed for you......to be honest the bank wouldnt know my husbands signature if they saw it. They would think it was fake, since i sign for him all the time!
as stated above: if you filed joint then technically her name would be on the paperwork and it would be her money too! So if you tried to get the money back legally you would only get half. (thats not taking into consideration the forgery stuff)
2007-05-11 23:57:16 · answer #4 · answered by mandy_51 2 · 0⤊ 0⤋
If you filed joint, she sure can cash it or deposit it into her account. But that would depend on how the check reads. If it did not have the word "AND" then she would need your signature to cash it. If it said "OR" then she can sign it by herself. If it just had your names without the word "AND", it is implied to be "OR" then either of you can cash it.
2007-05-11 23:57:36 · answer #5 · answered by lady01love 4 · 0⤊ 0⤋
Get a form 3949 A and report your wife's transgression. The IRS will be in touch with her.
2007-05-12 12:10:40 · answer #6 · answered by acmeraven 7 · 1⤊ 0⤋
if both names are on check, you both have to sign, if just yours and she cashed it, i call that forgery, get a lawyer or call the IRS for advice
2007-05-11 23:55:38 · answer #7 · answered by Dms 3 · 1⤊ 0⤋
If you filed as married then both/either party would be entitled to the check.
2007-05-11 23:54:07 · answer #8 · answered by nunovyurbizness 2 · 0⤊ 1⤋
I don't know about that. I would at least call IRS.
2007-05-11 23:49:55 · answer #9 · answered by kattsmeow 7 · 0⤊ 0⤋
if you filed as married, your screwed
2007-05-11 23:48:13 · answer #10 · answered by skytzo ! 3 · 0⤊ 1⤋