Not sure where this goes....

[darlenev]

What is the name of your state?GA

In December, a well known loan company sent me a draft check..that I did not ask for, stating if I deposited the check, I accepted the terms and conditions. I never saw the check and unfortunatly, my drug abusing husband did. He forged my name and signed his name under it, took it to the bank and deposited some of it and cashed out some of it. #1) The loan company never contacted me to confirm that I received or cashed it. #2) The bank was not supposed to cash out any of it..deposit only. I received the bill in January and called them and informed them that I did not sign this draft check. I did go to their office and sign an affadavit of forgery stating this. The problem I am having is that they keep saying that I am pressing charges but I dont want to be the one who sends my husband to prison. I feel that they should be the ones pressing charges because it was their money. My husband said he thought that he was allowed to sign my name and his to become a co-borrower. He is unable to assume the loan totally because he's currently in jail on a parole violation. Now they are asking me to sign a different affadavit. Should I do this and can they force me to press charges?
How should I handle this?
Thanks

 

[OhBullship]

What is the name of your state?GA

In December, a well known loan company sent me a draft check..that I did not ask for, stating if I deposited the check, I accepted the terms and conditions. I never saw the check and unfortunatly, my drug abusing husband did. He forged my name and signed his name under it, took it to the bank and deposited some of it and cashed out some of it. #1) The loan company never contacted me to confirm that I received or cashed it. #2) The bank was not supposed to cash out any of it..deposit only. I received the bill in January and called them and informed them that I did not sign this draft check. I did go to their office and sign an affadavit of forgery stating this. The problem I am having is that they keep saying that I am pressing charges but I dont want to be the one who sends my husband to prison. I feel that they should be the ones pressing charges because it was their money. My husband said he thought that he was allowed to sign my name and his to become a co-borrower. He is unable to assume the loan totally because he's currently in jail on a parole violation. Now they are asking me to sign a different affadavit. Should I do this and can they force me to press charges?
How should I handle this?
Thanks

He forged your name, not the bank. If you are claiming that the money was stolen then it is your responsibility to handle it.

If you don't want to press changes then don't and just take the loss. It isn't the banks fault that your husband takes money from you and forges your name.

 

[darlenev]

As far as I am concerned, he didn't steal MY money, but the loan company's, therefore i have lost NOTHING with the transaction thus far. They shouldnt have sent me something without my asking and they should have at least followed up with me when the check was cashed...thought someone had real legal advice and not just an opinion!

 

[BlondiePB]

What part of "it's your husband that committed fraud, not the company that sent the check" don't you understand?

 

[darlenev]

I dont care if they prosecute him, they should in order to recoup their money, but I dont want to be the one drug through all the court proceedings, I have cooperated with them all along, but the part that no one herE "understands" is that I didn't lose any money, SO why should I be the one pressing charges? Does that make sense to anyone??