Husband (soon to be EX) stole, forged & cashed state tax refund check?!...?

Question

I am in NC, legally & physically separated from my husband. We filed joint, and in the separation agreement he signed - he agreed the check would be mine completely because of financial arrangement (not to mention I made the money)! So he intercepted the check, forged my name & cashed it. The police here won't press charges because it is 'domestic' and we are legally married. Check was made out to both names, we do NOT have any joint accts. Evidently, it's not a crime if you commit against your wife!! How do I go about taking this to small claims? He now resides in another county - do I have to file there? Should I go after the bank that allowed it? They say their policy is to have both parties present to sign. Any guidance or advice here greatly appreciated! (He SAYS he will re-pay which I know is bs, and I'm not waiting on this)

Ralph T · Accepted Answer

Forgery is forgery.
 Unless he had a power of attorney for you and you were unable to to go to the bank for some reason with him,I'd look into filing forgery and theft charges on him.
 Another option is to sue him for the amount of the refund plus court and legal fees.

The check was made out to both of you,so legally,he was entitled to half the refund even though you earned the money.
 You may be able to sue the bank for not following their policy.

Talk to an attorney.
 Your tax return and a signed legal financial agreement and a copy of the check from the state should be enough to convict him.

tro · Answer

yes, you can file a small claims in your county, that's where the infraction occurred
if he does not show up for the trial, he defaults and generally you automatically win,
 that doesn't mean you automatically get the money you still have to pursue him to get it but a court judgment goes a long way to help
the filing may cost $75, $35 to have the claim presented to him which if you are the winner, the $75 should be included in the judgement amount
you may be able to use this court award to further file for garnishment on his wages, you need legal advise in this pursuit

MrTradewell · Answer

It may depend upon the amount of money inolved but you might try the State income tax department, your District Attorney and your local legal aid for advice.

Slickterp · Answer

You sue him in small claims if it's under $5000.  Get a copy of the signed check and prove you didn't sign it.

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Husband (soon to be EX) stole, forged & cashed state tax refund check?!...?

4 Answers