Is this considered check forgery?

I wrote a personal check out to my sisters landlady, but my sister went to a bank in another town (same bank name) and signed her own name (not the landlady's but her own) and the bank cashed it. Even though it is made out to someone else.

What are the laws? Is this forgery? She didn't forge the landladys signiture, she signed her own. The bank cashed it with no problems.

Also if I press charges what would happen? Is it a felony? Misdeamenor, she has never did this before and to be honest I never thought she would. When asked why, she merely said, I needed money.

I don't want a felony on her record, but I don't want her to think she can do this again. What are my legal rights?

ihaveasexyhusband

I'm sorry I don't know the answers to your questions but if you don't want her to think that she can cash a cheque again, then why not either tell her you are no more helping her out or give the cheque direct to her landlady?

This will prevent her from being able to cash the cheque and keep the money for herself.

As for her attitude, I think she knows that she did wrong and I don't think that she will do it again.

Good luck for next time.

KD

Texas Star

It IS a forgery and it IS a felony.

Even though she signed her own name, that check was not intended for her and her signing it constitutes forgery.....

jaker

It should be the bank's problem. They should have noted that the names were different. Insist that they put the money back into your account. Your sister should give the money back to the bank.

The Guy in the City

If this is the first time she did something like this I would not press charges. Going to the police is a big deal and you don't want to be those people who end up on peoples court who sue their parents or uncles for money. She is your sister. You should talk to her and ask her why she didn't just ask for the money instead of lying about it being for the landlady.

Also I think the bank shouldn't of cashed it since your sister's name wasn't on the check.

odzookers

Contact the manager of your bank. Her bank was wrong to cash the check, and you do not want that money taken out of your account (the charge is False Pretenses, a misdemeanor). Tell the manager you want them to charge back that check--the bank that cashed it will fire the teller and swear out a warrant against your sister. Frankly, they both deserve it. By the way, your sis no longer deserves to get a dime from you--let her figure out another way to pay her own rent.

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