What will happen if my ex-wife took out my 401k without my consentand forged my name on credit cards?

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What will happen if my ex-wife took out my 401k without my consentand forged my name on credit cards?

Will the DA prosecute her? Do I need my own attorney?

Asked on May 10, 2011 under Criminal Law, Missouri

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you are describing is larceny, which is the legal word for stealing.  Actually, it sounds like a pretty significant larceny.  If you have been the victim of a larceny, you need to report it to the police.  If this really happened, she will likely be arrested and prosecuted.  As part of the resolution of her criminal prosecution, she may be ordered to pay restitution.  Moreover, if she stole from you then you certainly have a case for civil damages.  Therefore, it is prudent for you to hire an attorney to evaluate the best way of recovering your assets, if they still exist.  Unfortunately, if she already spent the money, then it may be gone forever.  In any event, it is definitely in your best interest to hire an attorney and report this to the police as soon as possible if you want to maximize your chances of ever seeing that money again.  


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