Forgery of a court summons?
Date: Fri, 05/02/2008 - 08:37
So I then looked up the signature of the debt collector and they are in the same office. His signature is almost spot on and also he dated one of his corporation filings in 2007. The court summons is dated 2007. Both of these dates have a line threw the 7.
So what I am saying is that the owner of the debt collection company forged the name of the attorney and made it look like she signed it when in fact it was him. How do I prove this in court? Should I call the Police on this? Lastly would that constitute forgery under my state laws? If it does, I seen it could be up to 10 years in prison or 2 years in jail.
Any help would be appreciated.
The courts would have a record of a summons.. Have you looked th
The courts would have a record of a summons.. Have you looked there?
Not yet, I have a copy of the summons with signature. I also hav
Not yet, I have a copy of the summons with signature. I also have 4 different copies of signatures from the debt collector which match the signature on the summons. I also have 2 different signatures of the attorney and they don't match the summons. the attorneys signature is supposed to be on that summons but it doesn't match. So what I am saying is The debt collector forged the attorneys name to make it look like she signed it. I am wondering if I can bring up these papers I have with their signature in court or if they would be copywrited.
Until you have it examined by an expert you can't really say. A
Until you have it examined by an expert you can't really say. A lot of signatures that go on papers is usually embedded into a computer program, some type of stamp or from someone authorized by their company to sign their name.
You really should check first with the court to find out if it is even a real summons.
It's all real. The summons was hand signed and the filings I got
It's all real. The summons was hand signed and the filings I got from the corporate database online for my state. It has their annual reports, change of address all that stuff. It is dated and with their signatures, not a computer generated signature.
Well I guess your next step would be to hire a handwriting exper
Well I guess your next step would be to hire a handwriting expert.
I thought of a handwriting expert but that costs a lot of money.
I thought of a handwriting expert but that costs a lot of money.
Guest, I think the "handwriting expert" comment was not meant as
Guest, I think the "handwriting expert" comment was not meant as serious advice. I tend to feel it might have been meant to be a little more on the sarcastic side. My apologies to the poster if I interpreted it incorrectly though.
If I were you, I would contact an attorney regarding this. From what I have read in your posts it does seem as though you have them dead-on and should pursue legal recourse. Check www.naca.net and see if there would be an attorney from that sight that can help you or refer you to someone that can.
As I understand it, any papers that come out of an attorney's office used in debt collection have to be actually reviewed and hand signed by the actual attorney. Not a signature machine, or check signing machine, or an "authorized signer." To me that alone is a violation of the fdcpa.
I also think for it to be an issue of forgery, the attorney would have to be the one claiming the CA rep. forged his/her name. That said, if this falsified signature was used to file actual court papers, then I would think that might be a violation of some sort of law.
I'm no expert, so hopefully someone will be along that can help you a little better.
