What to do if served a summonsfor a bounced check that I did not write but my father forged?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if served a summonsfor a bounced check that I did not write but my father forged?
It is not a joint account, just mine. He basically stole a check and bounced it ($22,000). Now the vendor is coming after me. The check was used to pay off an account that was in my father’s name. The vendor is now going after both of us. The mail in regard to the account goes to my father’s house and phone on the account is also his house phone. This is the only way that I did not know about this until now. He must have intercepted the correspondence. The signature is not mine on the check and that is clear. I am not sure what to do now. Police first? Bank? I need to my name out of this since I did not write the check but I am sure I can not without pressing charges against my father for stealing and forging the check.
Asked on November 8, 2010 under Criminal Law, Mississippi
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You've identified the key dilemma--to get out from civil liability for the check, you will almost certainly have to report that your father stole your check and forged you signature. If the check was created through the criminal action(s) of another, you should not be liable for it. However, if you do not contact the police and press charges, it will be impossible to avoid liability for this check, because regardless of whether he had permission up front or in advance, you will be ratifying his actions after the fact and implicitly accepting responsibility. So you may have a solid defense, but it will involve saying that your father stole the check and forged your name, which will almost certainly (given the amount involved) be a felony.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.