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Home >> Checks/Money Orders >> Checks You Wrote
Bank Cashes Check with No Signature: Fraud?
I paid my ex-wife four month's worth of child support, all on separate checks. They were dated for the all the same day; the last check however, did not have my signature on it. She cashed two checks right away, but did not cash the others until later. She had plenty of time to request that I send her another check for the unsigned one, instead she cashed it. She lives in Canada, and I am in Texas. To my knowledge, if someone tries to cash a check and is aware that it is not complete, then that constitutes fraud. I believe the bank can get out of this by saying that there was intent there, and as long as I gained something, "no harm, no foul". Well, in this case, I have gained nothing. In fact, since she moved back there, she no longer feels the need to follow any court orders, and has refused visitations, etc. I save all copies of my checks sent to her in the event she forgets that I paid. As soon as I saw the image with no signature on it, I called the TD Branch in Winnipeg. They said my bank already cleared it. I went to my bank and they had me sign an affidavit, and said the money would be returned to my account in a few days. They then said I had no case, as it is not unusual for me to send her checks, and that there was not only intent, but they were doing it in "my better interest". I was not satisfied with that answer and went down to the bank. I was again told about the intent. When I further explained how long my ex was in possession of the checks, I was then told that I still fell out of the time frame of thirty days to dispute. At this, I presented my affidavit and their reply letter which was beyond than thirty days. Not only that, but the letter was one page and said something like 'Enclosed was the response by the TD Bank in Canada explaining the reason for non-payment'.
Is there any one at fault here? Even if the bank is not responsible, is this still not fraud on the part of my ex-wife who presented the check knowing it had no signature?
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 You need legal advice, not banking advice, and we would encourage you to discuss the situation with your attorney. To the extent that you satisfied your obligation to make a payment to your ex-wife under the divorce decree, you did, indeed, receive credit for the payment completed by the unsigned check. Your situation is complicated by the fact that your wife apparently now resides in Canada, but you should speak with your attorney to see what, if any, action you may be able to take.
Published on BankingQuestions.com 10/27/10
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