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-   -   Indiana statute of limitations check fraud (https://www.askmehelpdesk.com/showthread.php?t=455116)

  • Mar 6, 2010, 03:47 PM
    tucenemalis
    Indiana statute of limitations check fraud
    My sister was hired as a live in care taker by the son of a man who died nearly three years ago. The son gave her checks which never cleared and he still owes her several thousand dollars. The son has since moved to another state. Does my sister have any recourse?
  • Mar 6, 2010, 03:49 PM
    Fr_Chuck

    Depends on
    1. location, if the US what state
    2. amount of the checks, as to if they are a felony or misdemeanor, they may have a different SOL

    But why did she wait to long ?

    Also there is a difference in criminal SOL and civil SOL where she can sue for her money in court.
  • Mar 6, 2010, 10:43 PM
    AK lawyer
    Quote:

    Originally Posted by Fr_Chuck View Post
    Depends on
    1. location, if the US what state. ...

    Title of the thread says Indiana. :)

    I believe that the civil SOL = 6 years (unless there is a written contract in which case it would be 10 years).
  • Mar 8, 2010, 09:45 AM
    this8384
    Quote:

    Originally Posted by tucenemalis View Post
    My sister was hired as a live in care taker by the son of a man who died nearly three years ago. The son gave her checks which never cleared and he still owes her several thousand dollars. The son has since moved to another state. Does my sister have any recourse?

    Indiana Statutes of Limitations

    Why did your sister not file a claim against the estate when the man passed away?
  • Jul 11, 2012, 02:11 PM
    thesmiths46901
    My husband and I filed for divorce and bankruptcy at the same time. The divorce was final before the bankruptcy was. I filed my taxes that year, as divorced and separate from my ex husbands. My refund was to go to my bank account, and the bankruptcy court stopped the payment, took out of the refund what it wanted for debtors, and then refunded the remainder in my name as well as my ex-husbands. The check came to me, at my address, in both our names. I live in Indiana, he lives 5 hours away in Illinois. He told me rather than make the trip to have him sign it, to sign for him. I did so, because at the time we were on very cordial terms. Now, almost 2 years later, he is saying that if I take him back to adjust child support from the rate of 71 per week that he was to pay while he was on unemployment of 300 per week to his current (for the last 16 months) amount of 3,000 per week, that he will prosecute me for signing his name on the check. Can he do this? What will happen to me if he does?
  • Jul 11, 2012, 02:46 PM
    AK lawyer
    Quote:

    Originally Posted by thesmiths46901 View Post
    ... He told me rather than make the trip to have him sign it, to go ahead and sign for him. ...

    What proof do you have that he said this?

    Quote:

    Originally Posted by thesmiths46901 View Post
    ...
    he is saying that ... he will prosecute me for signing his name on the check. Can he do this? What will happen to me if he does?

    If you can prove that he told you to endorse the check with his name, you are not guilty of forgery. There was no intent to defraud.

    If he indeed reports you to the authorities, you should have your proof (which I asked you about earlier) ready. It might be a good idea to consult an attorney now, in case you need one later.

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