Legal Question in Criminal Law in California

Re: check fraud

To sue anyone for fraud, you must file a lawsuit. Forms are available for filing a small claims, municipal/limited, or superior/unlimited case at the court that had jurisdiction over your case.

The result depends on what the evidence shows. It is your burden of proof to show that the forgery or fraud took place, and that is going to depend on the testimony of witnesses or documents that you present.

Can you get your money back? Again, that depends on whether or not your husband has enough money to satisfy the judgment. You may know the answer to that better than most.

Finally, you can ask for compensation for damages to your credit report. You may want to challenge the credit report agency to prove the listing on your credit report first, and you will need to prove what your actual damages are with regards to your credit report. It is not enough to just have a listing on your credit report, you have to be denied credit based upon the report, and show that you would not have been denied had it been for the false information. Best of luck.

Re: check fraud

The problem is that all the money in your account, and your husband's acount is probably community property. This assumes it wasn't subject to a pre-nuptial agreement; or money that your received by gift, devise or bequest.