Legal Question in Civil Litigation in California
check fraud/theft/malice?????
I wrote a support check to my ex on 12/29 she said she needed cash instead to pay rent as her account was over drawn i cashed a check at my bank for the same amount she said she would tear up the check but she cashed it on2/13. seven weeks later. what can i do
1 Answer from Attorneys
Re: check fraud/theft/malice?????
As someone who does a lot of support enforcement, here is some free advice:
1) Never pay support by cash.
2) If you pay support by cash, get a signed receipt.
3) Every year get a Partial Satisfaction of Judgment from your ex. It is a court form, and should be notarized. File it with the Court to make sure that there is no question in the future that you paid the support.
Generally, support payments need to be made monthly. It looks like she used your 12/29 check for this month's support payment.
You can email me if you still have questions.
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