Drafting documents, like the Queens Affidavit by an Individual Regarding a Forgery of the Individual's Name on a Check, to handle your legal affairs can be a difficult and time-intensive endeavor.
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Penalties for forgery can be viewed upon in the Philippine Criminal Law, crimes against public interest, C1: Forgeries Art. 161-176 and can range from imprisonment to death penalty depending upon the type or heinousness of their acts.
As nouns the difference between forgery and falsification is that forgery is the act of forging metal into shape while falsification is the act of falsifying, or making false; a counterfeiting; the giving to a thing an appearance of something which it is not.
Drawee Bank Liability for Forged Endorsements Under the UCC, a check bearing a forged endorsement is not properly payable (Revised UCC . 4-401). If the drawee bank pays a check bearing a forged endorsement, then it is obligated to recredit the drawer account for the item.
Banks do not verify signatures. Occasionally, they will spot check the signature on a check or pull a very-large-dollar check to verify the signature.
Punishment for forgery. Whoever commits forgery shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
As a rule, forgery cannot be presumed and must be proved by clear, positive and convincing evidence and the burden of proof lies on the party alleging forgery. The best evidence of a forged signature in an instrument is the instrument itself reflecting the alleged forged signature.
The Attorney-General points out that the penalty for the forgery or falsification of checks as provided by article 301 of the Penal Code, as amended by Act No. 2712, is prision correccional in its maximum degree, which is from four years, two months and one day to six years.
If an unauthorized person forges your signature on your check and if the bank pays the check, in most cases you can make the bank reimburse you for the amount of the forged check. But you must be alert. If the bank missed the forgery, someone has to spot it, and this means you.
What can I do? Contact your bank or credit union right away to tell them about the situation. Next, tell the person who wrote you the check. The person who wrote you the check might be able to be reimbursed by their bank or credit union and write you a new check.