Legal Question in Banking Law in Florida

forgery

I had a bank account that was just in my name. My husband (soon to be ex) took my checkbook and went all over town writing bad checks on my bank account. The cops and bank are telling me that it's a civil matter and because he's my husband he pretty much has the write to sign my name to the checks. is this accurate? it really doesn't sound right to me and I'm not sure what to do. I'm scared of getting arrested for writing worthless checks when I really didn't do it. What should I do?


Asked on 7/24/07, 8:17 pm

1 Answer from Attorneys

Paul Aiello Bennett Aiello

Re: forgery

If the checking account was in your name alone and your husband signed your name to the checks, then a crime has been committed and the bank should not have paid the checks. If you were negligent in not detecting the forgery, then bank may have a defense to your claim against them for payment on a forged signature. Are you sure it's not a joint account?

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Answered on 7/25/07, 8:47 am


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