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terr37002 · Feb 10, 2013, 10:26 AM

I left my bofriend after 9 yrs.He has become very abusive so I decided to leave and know he is pressing forgery charges on me.

ScottGem · Feb 10, 2013, 10:34 AM

Did forge something?

terr37002 · Feb 10, 2013, 10:39 AM

Originally Posted by ScottGem

Did forge something?

He is saying I forged 18000.00 dollars worth of checks.He told that he would see me go to prison if I didn't come back to him.

ScottGem · Feb 10, 2013, 10:43 AM

Do you have proof of him saying that?

And you didn't answer my question. I didn't ask what he said you forged, I asked if you did forge something. He can claim what he wants. He has to provide proof that you signed his name to the checks and received the cash.

terr37002 · Feb 10, 2013, 10:51 AM

Originally Posted by ScottGem

Do you have proof of him saying that?

And you didn't answer my question. I didn't ask what he said you forged, I asked if you did forge something. He can claim what he wants. He has to provide proof that you signed his name to the checks and received the cash.

He gave me the checks to pay my bills off so I wouldn't have to work a lot so we could do some traveling.I cashed them and paid my bills.

ScottGem · Feb 10, 2013, 10:56 AM

Ok, so he has to prove they were forgeries. Let him go the a prosecutor with this story. You then sue him for defamation. But its unlikely a prosecutor will even listen to him.

terr37002 · Feb 10, 2013, 11:03 AM

Originally Posted by ScottGem

Ok, so he has to prove they were forgeries. Let him go the a prosecutor with this story. You then sue him for defamation. But its unlikely a prosecutor will even listen to him.

I have moved back to Tx.from Az where we have been living.I don't go a lot of places because I have been so scared because he said that he has filed charges on me.

dontknownuthin · Feb 10, 2013, 11:04 AM

You still haven't answered the basic question. Did you sign your boyfriend's name on a check, with or without his permission, to either obtain cash or pay for something? If you did you have committed forgery.

If he wrote a check to you, you endorsed it with your own name and deposited it, then he simply gave you a check. If he had a check from a third party (like a paycheck) and he endorsed it by signing his own name on the back, and he gave it to you, then you did nothing wrong.

If you signed his name on it, even if he said you could, you committed forgery and the question the court will have for you is this, "why didn't he just sign the checks for the bills himself?" and "if it wasn't practical for him to write the checks for the bills, why didn't he just give you money so you could deposit it and pay the bills from your own account?" If your answer is, "I don't have an account", the question will be, "why didn't you open one then?"

If he is texting or emailing you about this it would be helpful if you got him into the discussion enough that he tries to blackmail you in text or email so you have proof. It would also be good if you got his admission that he gave his permission for you to sign his name. Save these texts or emails, which are admissible evidence in court.

You should consult with an attorney in your area.

terr37002 · Feb 10, 2013, 11:11 AM

Originally Posted by dontknownuthin

You still haven't answered the basic question. Did you sign your boyfriend's name on a check, with or without his permission, to either obtain cash or pay for something? If you did you have committed forgery.

If he wrote a check to you, you endorsed it with your own name and deposited it, then he simply gave you a check. If he had a check from a third party (like a paycheck) and he endorsed it by signing his own name on the back, and he gave it to you, then you did nothing wrong.

If you signed his name on it, even if he said you could, you committed forgery and the question the court will have for you is this, "why didn't he just sign the checks for the bills himself?" and "if it wasn't practical for him to write the checks for the bills, why didn't he just give you money so you could deposit it and pay the bills from your own account?" If your answer is, "I don't have an account", the question will be, "why didn't you open one then?"

If he is texting or emailing you about this it would be helpful if you got him into the discussion enough that he tries to blackmail you in text or email so you have proof. It would also be good if you got his admission that he gave his permission for you to sign his name. Save these texts or emails, which are admissable evidence in court.

You should consult with an attorney in your area.

No I didn't he wrote the checks out to cash and I deposited them into my bank and paid my bills with them.

odinn7 · Feb 10, 2013, 11:32 AM

Originally Posted by terr37002

No I didn't he wrote the checks out to cash and I deposited them into my bank and payed my bills with them.

Then you have done nothing wrong. They were gifts to you while you were together. If you didn't forge his name on them, there is little he can do about it. He is trying to scare you and you are allowing him to do it. As Scott said, it is unlikely a prosecutor would even hear him out on this.

joypulv · Feb 10, 2013, 11:44 AM

I agree with others, but can you be more specific? How many checks, when was each check, and how much was each check? If they really do add up to 18,000 (such as 6 checks for 3,000 each) and you deposited them in your bank after you left him, then I might say you do have something to be worried about.
If they were over something like a year, and you deposited them over a year, while you were together, then they were gifts.
A court might argue that they are gifts no matter what, but it all depends on how much a local prosecutor wants to pursue it as a felony (grand theft, or Class A, or whatever it's called in AZ). They might refuse to pursue it and tell him it's a civil matter common to couples who fight.

ScottGem · Feb 10, 2013, 11:47 AM

You don't quite understand how this works. Forgery is a criminal offense. For someone to be charged with forgery, a local prosecutor or district attorney has to decide to prosecute. If someone wants to "press charges" they report the crime to the police and the police investigate to see if there is evidence of a crime. They then present the evidence to the prosecute who decides whether to prosecute for the crime.

I think he might find that no prosecutor will believe you forged his name. At worst, you may be contacted by the local prosecutor for your side of the story. If you are, you tell them he is just trying to get you back.

I really don't think you have much to worry about.