Saturday, January 9, 2010

My estranged husband stole and cashed a check from my mailbox from my insurance company. Isn't that illegal?

I just discovered that my estranged husband stole and cashed a check for $1,152.80 from my mailbox last November that Blue Cross Blue Shield mailed directly to me instead of mailing it to my Health Care Provider for services rendered in August, 2008. When I confronted him yesterday, he admitted that he did cash the check. What legal recourse do I have?My estranged husband stole and cashed a check from my mailbox from my insurance company. Isn't that illegal?
My advice call BCBS and explain that you never received the check and that you believe it was stolen, they will check their records and send you a copy of the check. Once you see the copy of the cashed check, you will need to call them again and tell them it is not your signature. BCBS will then send you an Affidavit form that you will need to fill out which certifies that you did not cash the check--the form will probably have to be notarized. Once you submit this form, BCBS will send you another check replacing the $1,152.80. They will take care of investigating who cashed the check and taking whatever legal steps are necessary to recover their money. This may or may not include referring the person who illegally cashed the check to the authorities. You do not need to call the police or do any of these other things. BCBS will take care of doing this only if they deem it necessary.





I have seen this happen a few times in my practice (i.e. where different family members helped themselves to insurance company checks). In the last few cases, the insurance company collected the funds back from the party who took them and did not refer it to the authorities.





I hope this helps. Good Luck!My estranged husband stole and cashed a check from my mailbox from my insurance company. Isn't that illegal?
ok, you will need to contact BCBS and ask that they send copy of the check to you; front and back; they issued, so will have copy.





also; contact the provider and explained what happened; by now, should be getting mail/phone calls on payment; they may hold off pestering you pending resolution.





file a police report; need this;





question who cashed check? since this check issued to you personally, you are female and he is a male, so did he have a female cash the check for him? most places ask for photo id;





also; why would BCBS mail you a check to pay for services to a provider? why didn't they pay them direct???? that does not make sense.





contact a lawyer for legal advice;


may have a claim for;


1; your husband or someone else who helped cashed check


2; the place where the check was cashed


3; BCBS; issued check to you personally vs the provider direct?





good luck
Yes, it is illegal to steal mail.


Yes, it is illegal to cash a check that is payable to someone else.





Option 1:





Have him reimburse you.





Option 2:





Tell Blue Cross Blue Shield that you did not cash or deposit this check and believe that it may have been stolen. They will check their records and find that it was cashed. Ask them for a copy of the canceled check. When you receive it, tell them that the endorsement signature on the back of the check is not yours and that they should demand restitution from the bank that honored the check with that endorsement and should then issue a new check to you. This will take awhile. Do not hold your breathe.





Option 3:





Get divorced. Ask the divorce court to make him pay you $1152.80, plus whatever alimony or child support you would otherwise receive.





Option 4:





Notify the United States postal inspection service and the police. Have him arrested.
You need to sue him in small claims court. There is no lawyer necessary, and you need to be able to prove he actually stole and cashed the check. You can press charges against him first for theft if you wish, but don't expect that to go anywhere...it's a small amount of money for most police departments to investigate.





You need more than ';your word against his,'; for evidence. Get a copy of the check and have a handwriting expert attest to the validity of the endorsement.
go to the police and make a report then get a copy of the check from the bank, you will need copies of both front and back. I would also go to the place where he cashed the check and find out why they cashed it since it was made out to you! they should never cash checks that are made out to someone else. you should find out if you can sue them!
Call the police department and report it. It is illegal to cash someone else's check. Call the insurance company and tell them you know who cashed the check illegally and you want them to reissue it.





This was your money and not his. Don't let someone get away with this theft.
Yes, it's illegal.





Your first step, is to notify the police, and file charges against him. Once he is prosecuted, then you can ask BCBS to reissue the check, and THEY will take over prosecution.
If the check was made out to you, it certainly is. You should not only notify the local police but also the Postal Service inspector.
tell him to pay up or you will call the cops. He also owes any late fees that might have accrued
Tell him he needs to give you the money back or he's going to jail!

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