[karebear28]

This sounds so familiar to me. My husband....ugh...I mean EX Husband deposited a check made out to both of us after signing my name to it, into a seperate account. It was a little over 19K and I tried to take action against him. He was found guilty, then ended up getting a re-trial and the District Atty that was representing me said they can't afford to go through the entire case again. ( i live in CA, he's in VA, and the incident happened in VA) So I am baffled and don't know what to do anymore. Can I take action towards the bank and then they can go after him?

[karebear28]

My question involves criminal law for the state of: Virginia.

My husband, at the time, and I were splitting up, I moved to California. Our house sold about a week later. I tried to ask the escrow company if they could make out 2 checks, given our situation and me not being in the state any longer. They said that my "husband" had to agree...course...he would not do so. He harrassed me for about 2-3 weeks about the check and claimed I was holding it hostage, but I wouldn't agree to him signing it for me and he knew that he couldn't cash it in until both of us signed. Things started to get quiet and I got suspicious about the check because he wasn't bothering me anymore, I called my bank and he locked me out of the joint acct. After another week I decided to call the escrow company after my realtor mentioned he didn't trust my ex. They advised me that the check was deposited already. I received a copy of both sides of the check. I was scheduled for a different court appt in a week so I made time to file a report with the Fraud Investigation Dept while I was there and also made a visit to the bank and found out that my ex had deposited the money into a SEPERATE, private account of his own. The lady at the bank looked scared, as if she knew someone shouldn't have accepted the check. I went through criminal court trying to persue the charges and he was eventually found guilty (this went on for about a year or so). The court kept scheduling a date to sentence him and my ex's lawyer was trying everything in the book to get him off. He was continually denied, until this past Feb., when he decided to bring in a therapist that we saw...only twice, right before we left, and had her lie to the judge about something she claimed I said to her in a session we had. This psychologist, for one, at the time we saw her, had endured an injury and was on heavy medication. At our second, and last, session with her, she claimed that I said something and I tried to correct her and tell her that she had it wrong, that my ex actually made the statement, and even he agreed with her about it and she finally came to her senses and I gave her the "benefit of the doubt", considering she was in deep pain and taking meds, that it was a mistake....but now this. The position I am currently in now is that this man now got a re-trial because of what this therapist said, but the District Atty that was representing my case had to file a Nolle Prosequi. She tried to explain to me with what the Defense has brought against me now, that her boss says they can no longer pursue the case all over agin for the re-trial because the expenses, it's harder that I live on the other side of the US. So I am stuck!! I don't know what to do, where to turn, my options, if any, etc. Any help would be GREATLY APPRECIATED!!! Thank you!

[Mr. Knowitall]

This happened after the divorce was final? If he was supposed to pay you the money under the divorce judgment, see if you can get redress through the divorce court.