Someone known to me wrote $1700 worth of checks to herself, and forged my signature. She stole $750 a year ago, but acknowledged the theft

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Someone known to me wrote $1700 worth of checks to herself, and forged my signature. She stole $750 a year ago, but acknowledged the theft

I would like her to return the $1700. She already acknowledged the forgery of the check for $750. I have copies of the checks that she forged.

Asked on May 8, 2009 under Criminal Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Don't just go after the $1,700, but also the original $750 as well.  As has already been pointed out you are within the statute of limitation to make claims on both incidents.  Make it quite clear to this person that they have violated criminal and civil laws on both the state and federal level.

I would also recommend a letter from an attorney.  Legal letterhead can work wonders in cases like this.  It will show her you are serious about pursuing the matter.  She's got to know that even though she got away with this once they'll be no second bite of the apple. 

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am a lawyer in CT, not MA, but I practice criminal defense and civil litigation.  I am not sure what your question is.  Do you want to prosecute this person?  If so, report it to the police.  Do you want to sue her in civil court (you may be able to get double what was converted - i.e. stolen - in damages).  Depending on your relationship with this person, will certainly dictate how you proceed.  However, you are certainly within the statute of limitations to file a police complaint and/or a civil action.  You should not just sit and wait around.  You should take immediate action - at the very least, write a certified letter to the person re-hashing the facts and the admission of the theft and let her know that you will take action unless payment is received. a strong letter froma lawyer will work even better.


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