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My ex either forged, or had forged my name on an IRS check for $14,000. How do I prosecute him and do I have a civil suit

Silver Spring, MD |

Do I go to States Attorney , do I go to IRS and can I file a civil suit.

Attorney Answers 4

Posted

You can both have criminal charges filed against him for forgery and theft and sue for damages. If you have a copy of the front and back of the check, this will be very important. If your ex is charged with a crime, he can be ordered to pay restitution if convicted.

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Posted

Contact either the Office of the State's Attorney in the county you reside and ask to speak to the economic crimes division, or go to the local police department and advise them of the issue. You may be referred to the commissioner's office, but I would suggest getting law enforcement involved at this stage. You will need to have all of your documents in order to prove your case

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Posted

Contact the IRS Identity Protection Specialized Unit at 1-800-908-4490. You will need to fill out the IRS Identity Theft Affidavit, Form 14039. http://www.irs.gov/pub/irs-pdf/f14039.pdf
Do not start with a civil suit until all criminal/IRS proceedings and investigations are concluded. Court ordered restitution in a criminal proceeding will get you paid back a lot faster and more certain than trying to get a civil judgment and chasing your ex down hoping to attach his assets, assuming you can locate them.

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1 comment

Mark William Oakley

Mark William Oakley

Posted

You may also need to file this form, instead: http://www.irs.gov/pub/irs-pdf/f3911.pdf

Posted

Be careful. You might want to consult with an experienced criminal defense attorney about you potential exposure for tax fraud or other charges, before you call law enforcement attention to yourself.

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