Legal Question in Credit and Debt Law in New Jersey

Re: Check Wrongully Endorsed by Person with Same Name

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Answer:

I agree with the other attorneys. You will need to file a complaint against your FIL in the local municipal or county court. If he is convicted, you should be succesful in getting the bank to reimburse you the money based upon the fact that they wrongfully paid it out to the wrong person. You would show them proof of the conviction. Alternatively, you may want to ask the payor of the check why they issued a check with the last name of your husband only. Make them reissue a check in proper form and let them go after your FIL. Question: is the money worth causing further and perhaps more permanent estrangement between your husband and your FIL?

Re: Check Wrongully Endorsed by Person with Same Name

Criminal charges against him, which I doubt you want to do. The banks are usually protected in these situations.

Re: Check Wrongully Endorsed by Person with Same Name

If you want to play hardball, your husband can go to the local police in the municipality where FIL took the check. File a citizens complaint alleging that he took the check knowing that it was not his and cashed it. This will likely go to the county prosecutor, who will either prosecute or downgrade to the municipal court. Obviously, due to the amount that was taken, your FIL may get in real trouble. This is a criminal matter. An alternative may be to ask that he be charged with harassment (an act done with the intent to annoy or alarm someone). That is less serious than theft. Those usually stay at the municipal court level. That makes it more likely that the prosecutor may tell FIL that he will dismiss or downgrade the charge if FIL makes restitution to you. That will give you leverage and perhaps motivate FIL to give back the money. Otherwise, you may proceed with a civil suit in small claims court, but as you probably know once you get a judgment you still have to collect on the judgment if FIL does not voluntarily pay it. Good luck.