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  • #31
    Thanks Tayken, great advice.
    Seems like most of you missed the point, this is not about the OP making trouble this is about a cheque being deposited knowing that the signature is forged and it can be very well rejected by the bank which does effect me.

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    • #32
      Originally posted by Berner_Faith View Post
      If someone gives permission for them to do so, it is not considered fraud. I still disagree with it being considered fraud. I think Hammerdad has stated it well.
      Call it what you want, the point it I need the cheque cleared and the bank could very well reject it as it is a forged signature.

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      • #33
        Only one way to find out.

        Comment


        • #34
          I'm actually shocked by this thread. Here are my observations:

          If the cheques are "fraudulent" then the "real" cheques are over due. I suspect these cheques are fine and will be processed without issue. Here is why I think this:

          If they are "intentionally fraudulent" then it puts the account owner at risk. HIS accounts will be frozen pending an investigation. You mentioned it's a business account. And someone else mentioned your support cheque is over 10K... this doesn't make a whole lot of sense if he is intentionally trying to screw you over. It also ties a lot of his money up pending an investigation....

          You have no idea if it really is a forged signature. Maybe he hurt is hand or whatever. Stuff happens.

          If you are really worried about the cheque being reversed then speak to the bank manager about your concerns and forgo spending a gazillion dollars with your lawyer and don't file a bunch of affadavit that will only give your ex proof that "he thinks your a nutbar".

          If the cheques get processed and later are determined to have been forged they do not seize your account. They may reverse the monies, but that too would be silly for the payer because then he'd have to admit someone else/his gf had access to his cheques/account (he has to sign a declaration that he did not give access or allow anyone else to use his account) AND he would be behing on his support payments and liable for a bunch of extra charges including interest, etc.

          I think if you have suspicions you shld speak to your bank manager. But not go directly to your ex. He knows damn well whether he paid you 10k or not this month.

          And as for reporting the lawyer for advising you to do something illegal - you are NOT doing anything illegal by cashing a cheque written to you.

          And if your ex gave his permission for girlie friend to write the cheque I doubt he will admit it in writing any how.

          Comment


          • #35
            Serene---i understand what you are saying, my point is not to accuse him or his hired help of anything. My point is--I know--they are not his signature---on many levels---from where they were mailed, to the actual signature. These are the 2nd set of cheques that was sent--as the 1 st, didnt have my proper name nor my correct address or postal code. I am not out to accuse anyone of anything, all I want is the cheque to be cleared, and I am not worred about him crying forge, as he would be in default---my concern is---that this is clearly forged--I was married fo 29 years and with him for 32, i know what I am talking about. I have large sums of money being withdrawn at the beginning of every month, including my son's tuition and CRA cheques that will bounce if this is rejected by the clearing bank. Thanks for your advice---speaking to my bank is a good option.

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            • #36
              If large amounts of money are coming into your account and large amounts are going out of your account and there is a discrepancy which leaves the account in a withdrawn state the bank very well can "freeze" the account. It has happened to me on more than one occasion when business cheques bounced (trucking sheesh). Banks are quite savy to "kiting" and the major banks have security/fraud departments who watch for inconsistencies. This is for your protection. If one reads all the fine print when they open accounts at banks it quite clearly stipulates all of this in the client agreement (which release the bank of any responsibility).

              I'd simply see if the bank would be willing to have the cheque certified. They often photograph the cheque in question and send it to the bank which the funds are drawn upon.

              I hope your situation is resolved soon and you are able to keep the son's educational institution and CRA happy!

              Comment


              • #37
                Certifying the cheque is to ensure and fence in the amount the cheque is written for. It does not guarantee it wasn't forged.

                Fyi, and not to debate this (because I won't debate this any further) we have had similar experiences with cheques and the mom in our equation.

                I don't want or need to be right. If you have a concern the path of least resistance is indeed going to the bank manager. Then it is the banks issue. And it won't cost you a dime.

                Comment


                • #38
                  Originally posted by Serene View Post
                  Certifying the cheque is to ensure and fence in the amount the cheque is written for. It does not guarantee it wasn't forged.

                  Fyi, and not to debate this (because I won't debate this any further) we have had similar experiences with cheques and the mom in our equation.

                  I don't want or need to be right. If you have a concern the path of least resistance is indeed going to the bank manager. Then it is the banks issue. And it won't cost you a dime.

                  As an X banker---once a cheque is certified--it is like cash. The funds are withdrawn from the issuing party and it is cleared--so even if it is a forged cheque--it is considered cleared and negotiable. The problem for me---is there are costs involved and time involved certifying cheques--and since they are issued monthly, I could be spending an awful amount of time and money standing in line. But certified does guarantee the funds are cleared and acknowledges that the clearing bank accepts the cheques.

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                  • #39
                    A banker? A scholar with 2 post-graduate degrees? A mother of 5? How old are you anyhow? LOL

                    Wish you had been our banker when we were hit with fraud. I'm afraid it can be much more complicated than the way you portray it. But then who am I to know. I only owned a trucking business, employed many people, for 30 years.

                    Comment


                    • #40
                      Naww Arabian, it sounds a lot better than it actually is. Professionally I am an accountant. I did work for a foreign bank as the senior money market trader, but that was many many years ago. Long ago, and far away. I did not really deal with retail banking, but I do know some of the rules.
                      Even though I have worn many hats-lets be honest here we are just old foggies and totally unproductive when we compare ourselves to some folks who work and school and do charity work and parent-yours mine and ours and take care of our husbands divorce affairs and have time to sit on here and give all kinds of advice.

                      Comment


                      • #41
                        Well things might have changed with the internet (no more telex he he he) but banking rules are much the same with additions to reflect technology I believe. I had a summer job at a bank when I was young and looking back it was pretty archaic. I recall having to make a direct payment for a farmer from his savings account for farm equipment. I had to run a credit-card sort of device through a machine. I didn't hear any "beeps" so I ran it through several times and then just gave up and went along with my other tasks. Unbeknownst to me, later that evening, my failed credit/debit activity somehow launched a bank investigation and the inspectors were called into the bank that very evening!!!! I guess it had something to do with days-end balancing? Well let's just say my banking career ended at the end of the summer!!!

                        Nowadays with electronics things are pretty amazing and fast.

                        Comment


                        • #42
                          Given the amount of $$$ involved (five figures), the chances of someone at the bank raising a red flag are probably higher than if it were a cheque for a few hundred. I suggest going both routes: email your ex's lawyer with a copy of the cheques and politely ask the lawyer to let you know if your ex did not sign the cheque, and also go to the bank manager and put your concerns on the table.

                          Comment


                          • #43
                            Originally posted by momforever1956 View Post
                            Naww Arabian, it sounds a lot better than it actually is. Professionally I am an accountant. I did work for a foreign bank as the senior money market trader, but that was many many years ago. Long ago, and far away. I did not really deal with retail banking, but I do know some of the rules.
                            Even though I have worn many hats-lets be honest here we are just old foggies and totally unproductive when we compare ourselves to some folks who work and school and do charity work and parent-yours mine and ours and take care of our husbands divorce affairs and have time to sit on here and give all kinds of advice.
                            Well you have been given all kinds of advice and your still here looking for something. I have a novel idea. With all your experience get a job and return the cheques to your ex and politely tell him you apreciate his support but you are quite capable of looking after things your self.

                            No need to worry yourself silly then.

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                            • #44
                              ^^^appreciate takes two p's .... you're welcome!
                              Last edited by Janibel; 05-28-2014, 09:31 AM.

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                              • #45
                                Then just send the cheques back and ask for new ones with his signature?!?!

                                I mean, it isn't really rocket science as you have two choices:

                                1. cash them (and they will likely go through); or
                                2. don't cash them and ask for new ones.

                                You believe the ex isn't trying to set you up but you are still fretting over the smallest of chances that these somehow get tied up by the banks. If you want absolute certainty, send them back and ask him to send new ones. Know that if you do ask for new cheques, that you will have to be prepared to wait until he gets around to it.

                                But really, this is much ado about nothing as the answers so ridiculously simple.

                                Comment

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