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    nokaysmommy's Avatar
    nokaysmommy Posts: 1, Reputation: 1
    New Member
     
    #1

    Oct 10, 2008, 08:55 PM
    Wife's right to acces and sign husband's name on checks
    I found pictures of where my husband had been cheating on me. I went to leave and going through the records to get mine out, I found the bank account files. He had taken my name off one off the account he had before we were married without my knowledge and put his girl friend's name on it (and lived with me for a month), he overdrew the only account I was still on with him by over a hundred dollars. I found a box of checks for an account that he had just secretly opened in just his name. I took a book of the checks with me for proof of what he did. We lived in TN but I had to take the kids back to AL which is about a 4 and a half to five hour car drive away. I was a homemaker so he had literally taken or hidden every penny from me. I had to borrow from pretty much my whole family to get a lawyer. I went to the lawyer's office to sign some papers. I had already given them the first half of their fee and had been told we could do a payment plan for the other half. After I signed the papers and started to leave they asked for the rest of their money. I told them I did not have very much with me at that time and if they would not let me do the payment plan, I would have to wire them the rest when I returned home. They told me to just use one of the checks from the account with just his name on it and sign his name. I was worried about this but they said it was perfectly legal that I was still his wife so it was as much mine as his. Since the divorce was his fault and I felt I was already burdening my family financially enough, I agreed to do this with the understanding that it was legal. I got to court for my temporary alimony and child support today. My husband's lawyer showed my lawyer a copy of the check ( it did not go through). My lawyer claimed to have no knowledge of the check and asked what happened. I told him that his workers had told me to do it and I had a witness as my mom had been with me. My husband's lawyer made a big deal of it and called it a forgery but the judge seemed to ignore it. After the hearing, I attempted to ask my lawyer about what my husband and his attorney could do about it. He sidestepped my questions. The closer I got back to AL the more nervous I got. I attempted to call his office and cell phone all afternoon and my calls were ignored. My mom called some AL lawyers and they said they weren't familiar with TN law and the TN lawyers I called refused to help me because I already had an attorney. Does anyone know what my husband can do and if I have any recourse?
    cdad's Avatar
    cdad Posts: 12,700, Reputation: 1438
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    #2

    Oct 11, 2008, 12:51 PM

    Bottom line is they told you incorrectly. What you did was forgery because your name wasn't on it nor near it. It was wrong of you to take a book of checks in his name ( stealing ). So far your striking out on if its legal or not. 1) you didn't need to take the checks in the first place. 2) you had no idea if the check would be good or not but you put your name on it anyway.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #3

    Oct 11, 2008, 01:09 PM

    Yes, it is forgery, an they can well have pressed criminal charges.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Oct 11, 2008, 01:42 PM

    I agree it is a forgery and your husband can press charges. You can then turn around a sue your attorney for malpractice.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Oct 11, 2008, 07:13 PM

    Stealing of the checkbook and signing his name is considered one count of forgery. Criminal charges may be brought against you. The office people should not have told you to do this. These checks were not yours and the account was not yours regardless if you are still the man's wife or not. Why would you even consider doing this in the first place?

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