Legal Question in Criminal Law in Virginia

Check Signature

I live in Virginia and I am separated from my wife. Our state tax return was sent to her address in both of our names. With out my approval, she signed my name to deposit the check in her account. She said it was ok because we are not divorced yet. I have not seen any of this money because she spent it all. Have any laws been broken? Do I have the right to go to the police? Please advise. Thank you very much.


Asked on 10/31/08, 3:55 pm

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Check Signature

Assuming that the amount involved is less than $5K, you best remedy for this situation may be to simply sue the lady in small claims court for your half of the state tax refund + the cost of the filing fee.

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Answered on 11/02/08, 11:15 am
Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Check Signature

I don't think that is "ok because [you] are not divorced yet," unless she had your permission to pocket your money. While the police or Commowealth's Attorney may not pursue this, you might consult them and/or an attorney about how to get your money. Good luck.

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Answered on 10/31/08, 4:04 pm


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