Legal Question in Federal Tort Claims in California

my husband forged a check

I left my husband june of 2003. I was hit by a drunk driver in nov 2003, been out of work and lost my job.

the bank was paid off, i got my pay off for the total of the car. both our names are on policy, first check i met my husband at the bank to endorse in front of teller. ids were asked for. my 500.00 deductable came in june 2004, and was mailed to his house. he never said anything. he went and cashed the check and forged my name and at this point need money.


Asked on 8/26/04, 7:08 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: my husband forged a check

call the issuing bank, your bank, and the police to report the fraud

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Answered on 8/26/04, 7:22 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: my husband forged a check

If both of your names were on the $500.00 insurance check, then your husband arguably was entitled to 1/2 of the money, even if the insurance company or bank reimburses you the $500 due to the forgery.

Another way to proceed might be to sue your husband for spousal support in Family Court, on the grounds that your present financial circumstance places you in the position of becoming a "public charge;" AND, you have a need for his support and he (presumably, if he's working) has the ability to pay.

GOOD LUCK,

PHROSKA L. McALISTER,ESQ

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Answered on 8/26/04, 9:02 pm


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