Can I sue my husband for forgery?
Lisa Henderson Mattern. The part of your question involves civil law concepts (“sue”). However, forgery Is not a civil cause of action under California law. A civil lawyer would sue for common law conversion or other “common counts.”
Is it illegal to forge your spouse’s signature?
Yes, your wife’s actions are illegal. Both the stealing of the check and the forgery of your name are criminal offenses. You should make a police report immediately.
Is check forgery a federal offense?
Forgery is considered a crime in all 50 states and on the federal level. While state level forgery is punishable in a state prison, federal forgery is a much more serious offense punishable by incarceration in a federal prison, as well as costly fines.
What if spouse forges your signature?
If your husband forges your signature on a loan document, you should call the police. However, you will not file charges against your husband for his actions: The police and the local district or state’s attorney will prosecute him.
What if someone forges your signature on a check?
Contact your bank or credit union right away to tell them about the situation. Next, tell the person who wrote you the check. The person who wrote you the check might be able to be reimbursed by their bank or credit union and write you a new check.
What is the penalty for forging checks?
Forging checks of $250 or less is punishable by up to one year in jail and a $3,000 fine, but when the amount of the check exceeds $250, the penalty increases to up to five years in prison and a $10,000 fine. Many states focus on the type of documents at issue when determining the applicable punishment.
What is the sentence for check forgery?
Penal Code 476 PC prohibits a person from making, writing or passing a fake or fraudulent check. The offense of check fraud can be filed as a misdemeanor or a felony and carries a maximum sentence of up to 3 years in jail.
What is the charge for forging a signature?
Penalties for Forgery in California The maximum state penalty for felony forgery is 16 months in state prison or 2-3 years in a county jail. They also may be required to pay restitution and up to $10,000 in fine. A misdemeanor forgery conviction typically faces a year in county jail plus smaller financial penalties.
Is it a felony to forge a signature?
Is forging a signature a criminal offence? Under the NSW Crimes Act 1900, signature forgery is a fraud offence and the penalties can be severe, including the possibility of a ten year jail sentence.
Is it a felony to forge a check in Tennessee?
Legal Fines. Some states, however, will automatically classify forgery of any kind as a felony. In Tennessee, for example, forgery is an automatic Class E felony that can carry charges of up to $3000. Even when classified as a misdemeanor, forgery of checks will often be punished with legal fines.
Can a person be fined for forgery of a check?
Several factors determine what amount, if any, a person will be fined when convicted of check forgery. Some states will classify a forgery as either a misdemeanor or felony, depending on the amounts illegally obtained from the forgery. Some states, however, will automatically classify forgery of any kind as a felony.
What to do if you suspect your spouse of check fraud?
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.
Is it illegal for my wife to forge my signature and?
Yes, your wife’s actions are illegal. Both the stealing of the check and the forgery of your name are criminal offenses. You should make a police report immediately.