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I am taking someone to small claims court, can I also at the same time get them for fraud.

Hesperia, CA |

I am taking the women and the signer on a rental to small claims for damages to the property, The signer now says he never lived there or signed the rental agreement, that means she forged his name. She is retired and knows I can not garnish her wages, he going to court to say he did not sign the agreement . What can I do? Can I get her for fraud?

What would be the outcome if he did file a police report? What would happen to her and would that then make her liable. If he did not file a police report would he be responsable to pay for damages to the rental property and he would have to take her to court to get the money and for the forgery? Can I please get an answer to the additional information to my question? Thank You

Attorney Answers 2


Ask him whether he has called the police regarding this forgery. Get the name of the officer with whom he spoke and, if possible, a copy of the police report. If he did not report it, then you would have evidence that they are in league in the matter.

You cannot do anything about the fraud in small claims court. Your damages from the fraud would be the same as your damages to the property. You can, however, call the police yourself.

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You can try. Your best choice is to hold them both liable on the contract. If he claims she forged his signature, point out that he is only saying that now because they are both trying to avoid their obligations. If she admits to the forgery, then argue that they have only come up with that scheme in an attempt to avoid liability. Good luck.

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