Legal Question in Criminal Law in Virginia

Endorsement Forgery

Ex forged my signature on escrow refund check (cashier's) from mortgage co. He refi'd home and bought me out. I contend the escrow acct. was a joint asset that was subject to dividing and not part of the buy out. ($2400 check) I just found out and have a copy of the forgery. I have requested a transaction history to document this is not a refund of an over payment at the refinance, but an escrow account that was missed in the inventory. I plan to file a report of a forged/altered check with the payor w/in next 24 business hours. If I file this report (forgery) and the court rules it was not joint property, would I be liable for his legal fees? (which would truly be an injustice!)

Thank you


Asked on 6/27/08, 10:32 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Endorsement Forgery

Filing a report with the payor regarding an alleged forgery and obtaining a ruling from an appropriate court as to the nature of the property in dispute are quite separate and disparate matters, and undertaking the former would not necessarily result in the happening of the latter.

As to your possible liability for legal fees if you were to reopen your divorce and request a Rule to Show Cause against your former husband for allegedly violating a provision of your property settlement agreement(PSA), if this agreeemnt made the losing party responsible for the legal fees of the other in this particular situation, then you would be responsible for these fees. Otherwise not.

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Answered on 6/28/08, 1:08 pm


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