Legal Question in Criminal Law in New Jersey

forgery and fraud

My separated spouse forged my signature on a consent letter to take a loan against his annuity. This consent states that I revoke my claim to funds pertaining to the annuity and possibly the pension. I pressed charges against him criminally, he went to court and was told that the charges are indictable. The Prosecutor's Office dropped the case. I don't know why. They stated I could pursue it in civil court. The forgery is proven and I am not sure how to find out how much damage is done by this act including my right to the pension and annuity funds. We have been married 20 years and I started living in my own residence a year and a half ago. I did reside in the home at the time he committed the act. I don't know how to pursue this matter further. Please advise.


Asked on 1/02/07, 9:14 pm

3 Answers from Attorneys
Barry Kozyra Kozyra & Hartz, LLC

Re: forgery and fraud

This is typical of the type of conduct we encounter in divorce cases. While criminal on its face, it tends to be addressed in civil proceedings (like family court).

We would seek to determine the amount of your loss (through expert witnesses) and then seek recovery from him either directly or through adjustment of assets (including the annuity, if possible). We would also seek counsel fees from the wrongdoer.

You should consult with counsel as soon as possible to determine and protect your rights. Delay could imperil this and other assets.

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Answered on 1/03/07, 11:39 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: forgery and fraud

Sounds like you need a divorce. I suggest you see a divorce attorney and file sooner rather than later. This issue can and will be a key issue in the divorce.

My initial consultations are always free, so call me at 732/247/3340 to discuss the case.

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Answered on 1/02/07, 10:03 pm
Gary Moore Gary Moore Attorney At Law

Re: forgery and fraud

A forged consent is no consent at all.

You are still entitled to whatever you were entitled before the forgery and should advise the annuity of same.

Let them sue you husband.

If you in a divorce action you could seek other relief from the Court.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 1/02/07, 10:57 pm


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