We have a situation where a customer is saying that his wife forged checks on his account. We are in the process of researching right now. But what we are seeing is that she actually signed her name not his. This isn't really forgery because she hasn't signed the husband's name, so I don't feel an affidavit of forgery is what I need, but I don't know exactly what I do need. The account was charged off several months ago and during the process, his ex-wife signed for the certified letter that we sent to him regarding the account. If he would have received the letter, it may have sent up a red flag as to why his acct. was O/D. I feel he has some responsibility in this because why did he not question why he was not receiving bank statements etc. What would you do?

I would have considered "signature unauthorized" instead of "forged" if the ex was not a signer on the account and she signed a name not listed as an owner of the account (if that is the case). Does your new account disclosures say when a customer should expect to receive a statement (monthly, quarterly, etc)?

Well, if you paid the items and she was not an authorized signer - technically the bank is liable. However, if you have to right language in your depositor's agreement requiring the depositor to notify you of errors within 60-days of receiving the statement, you most likely can get off the hook. Additionally, if you live in a community property state, I don't think you would find a judge to rule against you, since the monies stayed within the community.

If husband has checking account in his name only, but the wife writes out the checks and usually he signs them, but if he doesn't and bills are due and she signs his name, can he have her arrested for forgery?

Were any of the checks out of the ordinary? Did the account holder NOT benefit from the paying of the checks (electricity, water, gas, etc.)? Is he actually claiming that she "stole" his checks and wrote them or did this come up casually? If he's ranting, it sounds more like a domestic dispute than anything and I'd probably take that stand, depending on the specifics.

If, however, he didn't benefit from the checks being paid and she did steal his checks AND he is willing to press charges, sure.

From your initial post, I'd guess that there is no real issue and that the checks were normal business.

Thank you so much for answering...Yes, the checks were to pay bills, credit card payments, groceries, etc....Thank you for your time in this......