Forest, VA asked in Criminal Law, Banking, Civil Litigation and Federal Crimes for Virginia

Q: Is it a crime to deposit/cash a check if it is to 2 named people, he signed the back twice and she didn’t sign

My sister and her husband are going through a bad divorce. He left two weeks before the birth of their last kid. She has the house. He filed taxes jointly, and the federal return came to the house. She held it and they came to an agreement on how to spend it. It was only in a text so nothing binding. The check was around $6,000.

Issue: He took the check and cashed (or deposited) it. He signed the back of the check, but she did not. There is a second signature (that looks like scribble) on the back of the check that we assume he signed to make it appear as if she had signed it. He took the cash, but was telling her he hadn’t cashed it and was using it to try and get concessions from her. We got the returned check copy from the bank which is how we know that the check had the two signatures and that it was cashed. Looks like signed twice but changed the signature.

2 Lawyer Answers
Kelly L. DiCorrado
Kelly L. DiCorrado
Answered
  • Criminal Law Lawyer
  • Norfolk, VA
  • Licensed in Virginia

A: I would recommend taking the copies of checks you have along with these facts to your local magistrate or police department to discuss the options of pressing charges.

F. Paul Maloof
F. Paul Maloof
Answered
  • Business Law Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: I regret that I do not handle criminal law matters. Sorry.

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