Legal Question in Criminal Law in Massachusetts
What are the procedures for filing a case against someone for forgery of a check? We received a settlement, the check was sent to our attorney, he never notified us, forged the chek with our signatues and kept the money. What are our legal rights?
4 Answers from Attorneys
You have a lot of avenues to get your money back. First, if you haven't done this, report him to the Board of Bar Overseers. Then look into suing the lawyer; if he owns real estate, get an attachment from the court to secure your claim. If you don't think he has any assets, or has many lawsuits against him already, look into suing the bank that cashed the check for him with a forged endorsement - do this soon, as there may be a short time frame for going after the bank (generally a year after the endorsement, but there are exceptions. If none of that works, you will get 100 percent of your money back by filing a claim with the Clients Security Board. Ther are fundedd by bar dues, and they will reimburse your entire loss - but you generally have to try those other avenues first. I am former Chair of the Board. I would be happy to talk to you about this complicated process at no cost. My phone is 978-369-2252, email [email protected]. I sorry that you were betrayed by your lawyer. You will get your money, but it will take awhile.
You can also go to the police, and they may bring criminal charges alleging larceny of your money.
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