In what ways can I exercise the law against someone who forged my signature and took money that was mine?

Question

A couple months ago a friend and I were renting an apartment together. We got someone else to cover the rest of our lease and left a month early. For the last month of rent he used his part of the deposit to pay for the bill, to the tune of 510 dollars. While I payed the 510 for the month, we pay a total together of 1020$ a month, and he had the deposit check mailed too his house, the place he was staying after we both moved out.

The deposit check was mailed to his place and it was in his name and mine, so that we both needed to have signed it and be there when it was cashed. My roommate took the check, forged my name on the 'endorse here' area on the back and got the money, without me being there. The amount on the deposit check was 510$ and he has spent it, he has told me he has no way to pay me back. Is there anything I can do about the situation, legally?

Answer 1

Go to the police and file a report. Then you can take him to court.

Answer 2

You do not pay to litigate criminal complaint; the State does.

First speak with your landlord and determine exactly how the check was written:  whether to you "or" him or to you "and" him.  Then request that the landlord provide you with a photocopy of the check, both front and back.   Take that copy (if it was written payable to "and") to the police and file a criminal complaint.  You will meet with the District Attorney's office to answer questions and provide information they will need to know in order to develop evidence (they will have examined your copy of the check and then subpoena the landlord for the actual check itself or a certified copy).  The District Attorney's office will prosecute the case.  You will NOT have to pay anything - not even a filing fee.  Be sure that you tell the DA you want a request for restitution included in the charges.  If convicted, the Court will order him to make payments to the Court each week/month and send a Court check to you to cover the amount of his payments.

Show this to your former roommate (I'd not call him "friend" at this point) and indicate that you intend to do this if he does not repay the money.  Let him know you are serious.  He may not have the money, but he has family who will probably gladly pay to keep his butt out of jail.  When it's obvious that you know what to do and won't hesitate to do it, he will step up to the plate.

Answer 3

I would tell him that he starts making payments immediately, or you call the police for forgery.  That is a criminal offense, and it would be easy for you to prove.

Just a threat of small claims court is probably not going to scare him, but the threat of a criminal record is certainly more intimidating to most people.

jimmy....small claims court DOES cost.  In most areas it is somewhere between $100 and $200.  However, you can request that the defendant pays the fees.

Answer 4

What you need to do is go to you're bank and get a statement then go to the Police and tell them what's going on. They will file a report and should make that other guy appear in court. good luck

Answer 5

It is called forgery in most states and many times if it is more than $300 it is a felony charge.   The burden of proof is on you though to prove you did not sign it.  You would have to go to the bank and get a copy of the check with signature and then copies of your own signaure and take it to the police.  Also make sure the check was made out with your names that said (and) not (or) between the names.  If it said or than either of you could have cashed it.  But if it said Name 1 (and) Name 2 then yes both of you had to sign it.  Get the evidence and move fast on it though police do not like old cases.  

The other option which you would still need proof is to file a suit in small claims court.

Answer 6

Have your former landlord give you a copy of the cancelled check, front and back.  Then call the police and file a report charging him with forgery.  You do not need to pay an attorney to prosecute a law breaker.

Answer 7

You can take him to small claims court or go to the Landlord and ask them what bank the check was drawn on.  Go to that bank and have them research it, you could press criminal charges.  xox  

Answer 8

Sure... but it will probably cost you more than 510 bucks to get it back.

SO my advise... move on.

Answer 9

consult an attorney in your area.  many offer free consultations.

Answer 10

yes forgery is a felony no matter how much the check was for. So depending on how good of a friend you consider him you could press charges for the forgery.Call the DA's office and ask how to come in and press charges. If that is what you want to do. My friends son went to prison for forging a check for about $50 , Just be sure if you want your friend to go to prison for this. Or just take him to small claims court.

What ever you decide to do wish you luck.

Answer 11

Call your local police dept and ask for the Freud Department. They can better assist you on what you need to do.