How to Report Check Fraud Committed by Your Spouse During Divorce
Get copies of cancelled checks., Consider hiring a handwriting expert., Consult an attorney., Contact your bank., Consider filing a police report.
Step-by-Step Guide
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Step 1: Get copies of cancelled checks.
If your spouse has forged your signature on any checks, or taken out money without your knowledge or consent, you can get cancelled checks from the bank and review the dates and signatures.Other examples of check fraud include changing the date or amount of a check after you've signed it.
If the numbers don't match the written amount line of a check, a bank typically won't honor it.
However, this sort of fraud may have passed through the system unnoticed – particularly if the check was processed digitally.
When you get cancelled checks from the bank, compare them to your own records.
Look in particular for checks payable to your spouse signed by you, or checks written out to cash. -
Step 2: Consider hiring a handwriting expert.
Particularly if you believe your spouse has committed check fraud by forging your signature, you may need a handwriting expert to analyze the signature on the cancelled checks and compare it to yours.A forensic expert has the tolls necessary to identify signatures that are forgeries by comparing the questionable signature to your own signature.
While hiring a handwriting expert can be costly, compare the expert's fees to the amount of money you potentially could lose due to your spouse's check fraud.
Talk to your divorce attorney about hiring an expert – they may know reputable people you can use.
In some cases, expert testimony may be what you need to get you off the hook – particularly if your spouse forged your signature on checks drawn from a joint bank account during divorce.
You need independent, objective evidence that you did not sign those checks – your testimony alone may not be enough to convince a judge that the signature isn't yours. , Anytime you're dealing with check fraud committed by your spouse, you need an attorney to protect your interests and help ensure you aren't implicated in the activities.
While you may already have a family law attorney working on the divorce, they may not have the expertise necessary to handle the check fraud situation.This is particularly true if you fear that you or your spouse may face criminal charges because of the check fraud.
In that case, you probably want to talk to a criminal defense attorney as soon as possible.
When in doubt, talk to your divorce attorney about it.
They should be frank with you about whether they're comfortable handling the issue.
If they aren't, they may have someone they trust and respect as a referral. , Any evidence you have of fraud should be submitted to the bank from which the fraudulent checks were drawn.
The bank will analyze the situation and take action as appropriate against your spouse.Under most fraud statutes, you have the responsibility to notify affected financial institutions of the fraudulent activity as soon as possible after you discover it.
The bank will take measures to ensure that you aren't liable for any fraudulent checks written by your spouse, and may take other action such as filing a police report.
The bank also may freeze your accounts or block your spouse from accessing them until the fraud investigation is complete, which helps to stop the behavior and limit your potential liability. , If your spouse is opening accounts in your name or writing bad checks and signing your name, these actions constitute identity theft.
You must file a police report to avoid liability for these fraudulent debts.This is particularly true if your spouse's activities go beyond check fraud.
For example, your spouse may have opened up a new credit card account in your name and immediately maxed it out.
To avoid liability for this debt, you must be able to prove that your spouse opened the account without your knowledge or consent.
The sooner you file a police report, the better chance you have of proving this.
If you're unsure of your spouse's activities, your first step should be to get a copy of your own credit report.
Requesting a copy of your report won't affect your credit score, and can help you identify any new accounts opened in your name of which you were unaware.
To file a police report, go to the nearest police station in person.
Bring with you any documents or reports you have that provide evidence of the fraud committed by your spouse.
Make sure you get a copy of the written police report, as you will need it to take further action against your spouse, as well as to protect your credit from further harm. -
Step 3: Consult an attorney.
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Step 4: Contact your bank.
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Step 5: Consider filing a police report.
Detailed Guide
If your spouse has forged your signature on any checks, or taken out money without your knowledge or consent, you can get cancelled checks from the bank and review the dates and signatures.Other examples of check fraud include changing the date or amount of a check after you've signed it.
If the numbers don't match the written amount line of a check, a bank typically won't honor it.
However, this sort of fraud may have passed through the system unnoticed – particularly if the check was processed digitally.
When you get cancelled checks from the bank, compare them to your own records.
Look in particular for checks payable to your spouse signed by you, or checks written out to cash.
Particularly if you believe your spouse has committed check fraud by forging your signature, you may need a handwriting expert to analyze the signature on the cancelled checks and compare it to yours.A forensic expert has the tolls necessary to identify signatures that are forgeries by comparing the questionable signature to your own signature.
While hiring a handwriting expert can be costly, compare the expert's fees to the amount of money you potentially could lose due to your spouse's check fraud.
Talk to your divorce attorney about hiring an expert – they may know reputable people you can use.
In some cases, expert testimony may be what you need to get you off the hook – particularly if your spouse forged your signature on checks drawn from a joint bank account during divorce.
You need independent, objective evidence that you did not sign those checks – your testimony alone may not be enough to convince a judge that the signature isn't yours. , Anytime you're dealing with check fraud committed by your spouse, you need an attorney to protect your interests and help ensure you aren't implicated in the activities.
While you may already have a family law attorney working on the divorce, they may not have the expertise necessary to handle the check fraud situation.This is particularly true if you fear that you or your spouse may face criminal charges because of the check fraud.
In that case, you probably want to talk to a criminal defense attorney as soon as possible.
When in doubt, talk to your divorce attorney about it.
They should be frank with you about whether they're comfortable handling the issue.
If they aren't, they may have someone they trust and respect as a referral. , Any evidence you have of fraud should be submitted to the bank from which the fraudulent checks were drawn.
The bank will analyze the situation and take action as appropriate against your spouse.Under most fraud statutes, you have the responsibility to notify affected financial institutions of the fraudulent activity as soon as possible after you discover it.
The bank will take measures to ensure that you aren't liable for any fraudulent checks written by your spouse, and may take other action such as filing a police report.
The bank also may freeze your accounts or block your spouse from accessing them until the fraud investigation is complete, which helps to stop the behavior and limit your potential liability. , If your spouse is opening accounts in your name or writing bad checks and signing your name, these actions constitute identity theft.
You must file a police report to avoid liability for these fraudulent debts.This is particularly true if your spouse's activities go beyond check fraud.
For example, your spouse may have opened up a new credit card account in your name and immediately maxed it out.
To avoid liability for this debt, you must be able to prove that your spouse opened the account without your knowledge or consent.
The sooner you file a police report, the better chance you have of proving this.
If you're unsure of your spouse's activities, your first step should be to get a copy of your own credit report.
Requesting a copy of your report won't affect your credit score, and can help you identify any new accounts opened in your name of which you were unaware.
To file a police report, go to the nearest police station in person.
Bring with you any documents or reports you have that provide evidence of the fraud committed by your spouse.
Make sure you get a copy of the written police report, as you will need it to take further action against your spouse, as well as to protect your credit from further harm.
About the Author
Victoria Morales
Creates helpful guides on cooking to inspire and educate readers.
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