What are the best options available to handle a forged check matter?

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What are the best options available to handle a forged check matter?

We hired a contractor to repair the roof on our home. Our home is paid off so the insurance company made the check out to us. The contractor asked for the check, we gave it to him but did NOT sign it. A few days later I was notified by the insurance company that the contractor cashed the $10,000 check and they never started working on our roof. I received a copy of the insurance check and now we have proof that they forged our signatures. We requested our money back but now they are saying they will keep 20% of the check because we are breaching our contract. However, they are the ones that forged my check.

Asked on July 31, 2013 under Business Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can contact the police and file criminal charges for forgery against the contractor.

You can also sue the contractor for fraud.  Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment. 

In other words, you did not sign the check and the contractor has committed fraud by cashing a check with forged signatures.


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