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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 05-25-2014, 11:07 PM
momforever1956 momforever1956 is offline
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Default Forged Support Cheques

If a person receives a support cheque and they know it is forged, should it be cashed and hope it will not be verified by the bank?
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Old 05-25-2014, 11:45 PM
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blinkandimgone blinkandimgone is offline
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Why would you make an exception for an illegal activity because it's a support cheque? Would you cash any other cheque knowing it's forged?

What a bizarre question, especially without any context!
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Old 05-25-2014, 11:48 PM
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Quote:
Originally Posted by momforever1956 View Post
If a person receives a support cheque and they know it is forged, should it be cashed and hope it will not be verified by the bank?
Um, no. If someone gave you a car which you knew was stolen, would you drive away in it?

Who on earth forges support cheques and sends them out?
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Old 05-26-2014, 12:10 AM
momforever1956 momforever1956 is offline
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MY X. HAS SENT ME FORGED CHEQUES. Being married for 29 years and with him for 32 I know his signature. He had his lady friend send them.
I have received my support cheques for the year. I know they are forged---a very easy read for me. I emailed my lawyer and his assistant wrote me back that it is not my job to report forged cheques. I was instructed to cash them. I am totally not comfortable with this. Should I challenge it?
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Old 05-26-2014, 12:12 AM
momforever1956 momforever1956 is offline
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Quote:
Originally Posted by blinkandimgone View Post
Why would you make an exception for an illegal activity because it's a support cheque? Would you cash any other cheque knowing it's forged?

What a bizarre question, especially without any context!
Not often do we agree--but I do agree with you. I have reported this to my lawyer and have been instructed to cash them. I am not comfortable!!!!
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Old 05-26-2014, 12:17 AM
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Quote:
Originally Posted by momforever1956 View Post
MY X. HAS SENT ME FORGED CHEQUES. Being married for 29 years and with him for 32 I know his signature. He had his lady friend send them.
I have received my support cheques for the year. I know they are forged---a very easy read for me. I emailed my lawyer and his assistant wrote me back that it is not my job to report forged cheques. I was instructed to cash them. I am totally not comfortable with this. Should I challenge it?
That's really weird! Surely he would notice something if the money came out of his account?? Perhaps the lady friend is more financially responsible than your ex!

One possibility: email your ex (or send an email via his lawyer) asking him to confirm that he did indeed write these cheques, because the signature looks a bit odd. You could make it sound like you're just trying to make sure all the details are right ("Sorry to bother you about something pretty trivial, but I noticed ...") without using the word "forged". Either he says yes, he did write the cheques (so go ahead and deposit them, you've done your due diligence) or no he didn't - in which case, he needs to send you some real cheques).
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Old 05-26-2014, 12:21 AM
momforever1956 momforever1956 is offline
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I am pretty sure he instructed her to do so.
He is very aware that he has to give me these cheques, so I doubt he will admit they are forged, if he admits to it, then where are my cheques?
My concern is if they are verified at the bank, they can and will be returned. I was shocked at the legal assistant when she wrote me and said it was not my concern, cash them!
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Old 05-26-2014, 06:40 AM
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Quote:
Originally Posted by momforever1956 View Post
MY X. HAS SENT ME FORGED CHEQUES. Being married for 29 years and with him for 32 I know his signature. He had his lady friend send them.
I have received my support cheques for the year. I know they are forged---a very easy read for me. I emailed my lawyer and his assistant wrote me back that it is not my job to report forged cheques. I was instructed to cash them. I am totally not comfortable with this. Should I challenge it?
If the lawyer's office directed you to do something illegal, you have an obligation to report it.

As for the cheques, you can return them and request new LEGAL ones.
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Old 05-26-2014, 08:41 AM
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I'd simply contact the RCMP in the town that he lives in, tell them of your concern, and fax a cheque to them. Upon receipt they will go to his home/work and ask him if he endorsed the cheques.

Maybe he had a lobotomy and has changed his signature.

Whatever happens you have a police report and if you are told the cheques are good to cash then this won't backfire on you down the road.

I would be cautious as I realize the cheques you are about to cash are likely more than what many people make in a year.
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Old 05-26-2014, 09:00 AM
Berner_Faith Berner_Faith is offline
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Does the ex have signing authority on the account the cheques come out of? If your ex gave you those cheques then he must know she wrote them. When my partner was still writing cheques yearly, they came out of our joint account and I wrote out all the cheques for him because I had the spare time when they were due. She got her money every month and never questioned why. Now I never signed his signature but why not take them to the bank and ask? Seems silly to get the cops involved if your ex gave her permission to do so. I agree that an email to the ex would be the best way to handle this.
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