Legal Question in Criminal Law in California

Re: can a spouse file fraudulant bank usage against their spouse

Call the police and tell them you want to report a theft crime.

Re: can a spouse file fraudulant bank usage against their spouse

Thank you for your posting.

The answer to your question depends upon some additional facts not provided. For example, you didn't mention whether or not this account was a joint account, or was in your name or his name only. Your contract with the bank may also make you liable, under contract, for any checks deposited or any transactions, even those without your knowledge, as a contractual strict liability. You also likely wouldn't be able to bring criminal charges against your ex husband for the checks, unless the checks were made payable to you. However, you could sue, in small claims court or otherwise, for the out of pocket expenses and other damages you've incurred as the result of his actions.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.