Should I sue my sister for forging my check?

UPDATED: Oct 23, 2011

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 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.

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 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.

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