Maryland Affidavit by an Individual in Connection with a Forgery of the Individual's Name to a Check

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State:
Multi-State
Control #:
US-00490BG
Format:
Word; 
Rich Text
Instant download

Description

The following form is an affidavit which could be used by an individual to have his/her bank account credited with the amount of a check on affiant's account that had been forged.

How to fill out Affidavit By An Individual In Connection With A Forgery Of The Individual's Name To A Check?

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FAQ

In civil cases, the claimant must persuade the Court on the balance of probabilities that forgery or fraud happened (that is, by a margin of probability greater than 50%). The standard of proof is higher in criminal proceedings; the Court must be convinced beyond a reasonable doubt that fraud or forgery took place.

If You Bounce a Check State laws generally spell out what happens next: Typically, you are liable for paying the merchant and the returned-check fee. This can often be settled informally with the check-receiver by ensuring that the amount is paid in full.

Crimes in the state of Maryland are divided into categories: misdemeanors and felonies. Misdemeanors are not as serious as felonies and are usually one year or less in jail, although some can have as much as ten years imprisonment under certain circumstances.

If you unknowingly deposit a counterfeit check, it's impossible to access those funds. They're gone. Worse, the bank might hold you personally liable for any losses they incur if the check was fraudulent. Then there is a risk that a criminal investigation may be opened if the check is determined to be counterfeit.

Forgery of private documents is a serious crime in Maryland. It is a felony that carries a maximum sentence of 10 years and a maximum fine of $1000. It is a serious charge that requires a lawyer.

If an individual acquires less than $100 in property or services through issuing or passing bad checks then that individual is guilty of a misdemeanor punishable by up to 90 days in jail and/or a fine of up to $500. Section 8-106(d)(1).

The charges depend on the check amount. For example, knowingly cashing a bad check for $1,000 to $74,999 will be treated as a misdemeanor, while doing the same for a check for $75,000 or more will be treated as a felony. The misdemeanor could result in a fine between $1,500 and $10,000 and jail time ? up to five years.

Penalties of Forgery The penalties are wide-ranging. For something on the lowest end of the spectrum, it would be a misdemeanor. That is not greater than three years all the way up to a felony with the maximum penalty of 10 years. It depends on whether they committed the actual forgery.

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Maryland Affidavit by an Individual in Connection with a Forgery of the Individual's Name to a Check