Can You Report Your Ex-Wife for Taking Your Check Without Permission?

Yes, you can absolutely report your ex-wife for taking your check without permission. Whether it involves a small sum or a larger amount, it's important to recognize the legal implications and seek the appropriate actions.

The Incident and Legal Implications

That's a scenario I've unfortunately dealt with, and I took several steps to address it. After filing for divorce, I received a city tax refund check. My ex-wife had gotten her girlfriend to sign my name and took the check to a store we frequented, claiming I was in bed ill. The check was cashed despite my protests. This was a matter of principle to me, so I filed a claim, and she was ultimately charged and had to pay me back. Additionally, the store was penalized and fined me $500.00 due to the numerous errors they made with the transaction.

It’s important to note that you can report her for fraud or forgery, depending on the specifics of your situation. If she impersonated you and signed the check without your knowledge, it is considered forgery. Forgery can be punishable by up to 15 years in prison in many local jurisdictions. If you believe the matter is sufficiently serious, you can also consult a district attorney (DA) to see if charges can be pressed. This would likely end your marriage, but taking legal action is crucial for your peace of mind and future security.

State Laws and Legal Protections

Make sure you understand your state's laws, as they can vary significantly. In many jurisdictions, even if your divorce is finalized, your ex-wife can still use checks signed by you before the finalization, as she was still legally considered your spouse. However, if she took the check after the finalization, hold her accountable for her actions. You can file a report, which may lead to pressing charges, depending on the evidence and the severity of the case.

Other legal actions you might consider include:

Filing for a restraining order to prevent further abuse or unauthorized actions. Making changes to your address and bank information to ensure your privacy and security. Monitoring your mail for any unauthorized activity or communications. Alerting law enforcement and seeking legal advice from a consultant to navigate the complexities of the situation.

When presenting the case to law enforcement or legal professionals, be prepared to answer questions regarding specific details, such as:

The exact time and place of the incident. The presence of any witnesses. The evidence you have supporting her actions.

Being thorough and prepared will ensure that your case is taken seriously and can lead to the appropriate legal action. Your well-being and security are of utmost importance, and legal measures can help protect you from similar incidents in the future.

For more specific advice, consult a legal professional who can provide you with detailed guidance based on your unique situation and jurisdiction.