Help Please

[confused07]

i have an ex that is threatning to press forgery charges on 5 checks i wrote in the amount of 200.00 each totaling 1000.00. i wrote them on my account to her and signed her name to the back of them and now she is saying she had no idea that i did so and that she did not give me permission to do so. Unfortunately the checks were returned but not before she withdrew the 1000.00 out of her account this happened about 1 1/2 ago... whats my legal ground??? if charged is 5 counts of 1st degree forgery!!! What to do???

 

[calalily]

If the checks were returned to you what proof does she have?

 

[CdwJava]

So ... how does she say you benefitted from signing her name to the back of the checks? It sounds as if you wrote the checks to her and she got the money ... where's the loss?

Simply signing someone else's name is generally NOT a criminal act - by itself. There usually has to be some form of intent to defraud or some gain to be had by doing so.

Perhaps I'm not clear on what happened. Can you clarify? And, can you post your state?

- Carl

 

[confused07]

i wrote checks from my acct to her and signed her name to the back and deposited into her acct, she knowingly knew this and now states that she did not, im in georgia, she wants 3500.00 and she states that she will not press charges but the investigation dept. in my city says if i pay she still can????? so im not sure what to do, they also say what she is doing is extortion because she is asking for more than damages, the checks were returned so now her acct sits 1500.00 in the negative, i dont mind paying that but i dont want any other charges either!!!! Any advice???

 

[CdwJava]

So, if I have this straight, your checks bounced?

- Carl

 

[confused07]

yes they did

 

[calalily]

And you collected the money from the account before they bounced? And she had to pay bounced check fees or insufficient funds fees?

 

[confused07]

i paid the bank off 1307.03

 

[CdwJava]

So ... she wants to charge you with forgery for trying to pay her?

Typically, forgery requires that you do so to acquire some ill gotten gain for yourself, not to benefit the person you are allegedly forging the signature of.

Am I missing somethign here?

Simply writing someone else's name is generally NOT a crime - there usually has to be some other act or intent in conjunction.

- Carl