2007-12-15 08:41:15 · 38 answers · asked by filmwatcher59 4 in Politics & Government ➔ Law & Ethics
The person assures me they did not give permission for this to happen.
2007-12-15 08:49:26 · update #1
Yes, you need a Power of Attorney.
2007-12-15 08:44:10 · answer #1 · answered by ToYou,Too! 5 · 0⤊ 2⤋
Well according to the question all the other answers are wrong.
You don't say that the signatory is forging a signature so I assume they are signing their name instead of the name of the cheque owner. This is perfectly legal, it's up to the bank to decide whether it is a legitimate signature.
If they have power of attorney then the bank will accept their signature because the power has been notified to the bank.
2007-12-15 09:59:51 · answer #2 · answered by Do not trust low score answerers 7 · 0⤊ 0⤋
If I sign your cheque to deposit it to your account, it is not stealing, fraud, nor forgery. If I write out a check on your account to pay your bill, and sign my name, when I am in good faith acting as your agent, it is not actionable, but if I make a mistake and pay a debt you did not really owe, I might be required to make it good.
It is only fraud if I am taking your money for my own purposes, paying my own bills etc. It is only forgery if I sign your name.
Now many banks would not honour a check that I write and sign as myself on your account. But I have had the unfortunate experience of having a cheque written on my account by my wife and cashed. She was not acting fraudulently, just picked up the wrong check book for that transaction.
Had she been intending to steal my money, different story.
2007-12-15 09:02:13 · answer #3 · answered by donfletcheryh 7 · 0⤊ 0⤋
You would need a power of attorney to do business on behalf of the other person.......Without a POA, your signature is illegal.
The exception to that rule is making a deposit to an account owned by another with a check made out to that person where the check is endorsed "for deposit to account XXXX"
You can get into much legal trouble as each transaction you make is another infraction.
2007-12-15 09:55:44 · answer #4 · answered by Jeffrey F 6 · 0⤊ 1⤋
Yes. Get an affidavit of forgery from your bank and also file one with the business or person who was paid with the check. Depending on how that person got a hold of your checks, you may also want to file a police report.
2007-12-15 08:54:35 · answer #5 · answered by Elizabeth M 4 · 0⤊ 0⤋
Not if you have permission from that person to do so. I do it for my husband all the time. You have to be careful in a verbal agreement, with out written authorization the owner of the check could press chargers for theft.
2007-12-15 08:45:06 · answer #6 · answered by Mother 6 · 0⤊ 0⤋
If you're not listed on the account, or are a spouse of the person (say if the other was hospitalized), then yes, it's considered the same as someone stealing someone's checks and trying to cash them themselves. Theft.
2007-12-15 08:44:41 · answer #7 · answered by Elaine M 7 · 0⤊ 1⤋
As far as I know, YES - we had to get power of attorney to sign on behalf of our parent
2007-12-15 08:48:47 · answer #8 · answered by Anonymous · 0⤊ 1⤋
Of course it's illegal, you can't sign a cheque to pay out money that isn't yours!!
2007-12-18 01:37:13 · answer #9 · answered by Sue P 2 · 0⤊ 0⤋
yes it is illegal prob something like fraud or theft i should imagine , if you report it to the bank who issued the cheque book they can cancel the cheque
2007-12-15 08:46:01 · answer #10 · answered by mel 3 · 0⤊ 0⤋