Legal Question in Civil Litigation in Florida

Forgery of a Check

My former spouse, whom which I divorced this past year (2003,) forged my name on an IRS refund check issued in both of our names in Georgia, where he currently resides.

May I sue my former spouse for my portion of the refund? If so, am I entitled to any other fees (court costs, travel for court appearance etc)?

Is this considered a crime; felony or misdemeanor punishable by fines or jail time?

Thank you,

m daniels


Asked on 1/22/04, 3:09 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Forgery of a Check

I am not licensed in Georgia, but I suspect Georgia has a civil cause of action for fraud, conversion, civil theft and the like under which you can pursue your claim for your portion of the money, and in addition, an entitlement to treble damages (for the civil theft), interest, costs and attorney's fees. You would need to consult with a lawyer licensed in the state where you intend to bring your action. I am not a criminal attorney, but again I suspect that your former spouse violated one or more Georgia criminal statutes. You should file a police report and contact the State Attorney's Office in the county where your former spouse resides. The State would then determine whether there is sufficient evidence showing that a crime was committed, and whether or not to prosecute your former spouse for his crime(s). Keep in mind that it is generally easier to get money from someone who is not in jail, so you may want to try the civil avenue first, get your money, and then push the criminal prosecution if punishment by incarceration or probabtion is something you are looking forward to for your former spouse. Good luck.

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Answered on 1/22/04, 3:39 pm


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