Should I sue my sister for forging my check?

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Should I sue my sister for forging my check?

I was using my sister address as my mailing address and my school loan check was sent to her house. I have a copy of the check from the school and clearly my sister forged my name and cashed a $3800 check. I’m broken. Besides this she’s been good to me. She has 3 kids she takes care of by herself. She has a good job. I’ve been texting and calling her about solutions but all she is willing to do is maybe give me $1200 when she gets her tax return. But I can’t trust her. She told me she doesn’t get the big child tax returns/benefits ($2500 per child) that I expected her to get. T or F?

Asked on October 23, 2011 under Bankruptcy Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

We can't tell you what you *should* do--that depends on how you value, for example, the money versus your family relationships.

What we can tell you is that (1) if she stole a check and cashed it herself--and make no mistake, that's what this is: stealing--you have the right to sue her for the money she took; (2) if she has a good job, then if you sue her and win, and she does not pay at the time, you could potentially garnish her wages (i.e. have part of her income sent to you), so you may have a good chance of actually recovering the money from her; (3) you could potentially sue her in small claims court (check the threashold or limit on small claims cases for your court), which means you could sue her very inexpensively (no need for an attorney); and (4) you even could report her to the police, if you  chose--again, what she did is stealing, which is a crime.


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