Legal Question in Banking Law in Massachusetts

My wife cashed a series of checks which were made out to her name in order to give the resulting cash directly to her friend who has no driver's license or ID. The checks were drawn on the friend's husband's account (on which she is not an authorized member). Her friend forged the husband's signature on the check endorsement and has admitted to both her husband and us that she did, in fact, forge her husband's signature. If the husband claims the checks are forgeries will my wife be liable for the amounts cashed since she cashed them? Or will the liability be upon her friend who knowingly forged the checks?


Asked on 3/31/10, 8:47 am

1 Answer from Attorneys

Nicole Reeves Lavallee Reeves Lavallee, P.C.

If you wife signed the checks then she will be liable. If only the friend signed the check then the friend is liable. Signing including signing the name on either the front or back of the check.

Nicole

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Answered on 4/10/10, 8:21 am


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