I was a President of a corporation that leased equipment. The lease was procured through my former manager, who I am currently suing in civil court and was indicted for Federal Wire Fraud. I never saw the lease until my business closed, and did not sign the document, but he forged my name. I had an expert witness write an opinion stating that the signatures do not match, however, the creditor is continuing to litigate, stating that California leasing law is stringent. The creditor acknowledges they did not obtain identification from me, nor have the document notarized. Can it still be enforced in court, and can I bring my expert witness's letter in as evidence without his actual presence?I did not mention that I am pursuing litigation against my former manager for fraud, embezzlement and forgery.
I agree you will have to bring your expert in as a witness. His letter is hearsay and cannot be used as evidence. While there could be an issue of whether this person was authorized to sign for you, here I gather he signed for you in your personal capacity, and I doubt you ever authorized him to do that.
It sounds like you are trying to defend this on your own. Do you have an attorney for the suit against the former employee? If so you should be consulting that person. If not, you would be wise to hire an attorney to help you with this if you can. Attorneys on here can give you some thoughts on an issue, but we don't represent you and cannot hold your hand through the intricacies of litigation.
Please note: This answer is not intended and should not be considered as legal advice. Such professional advice requires full disclosure to an attorney of a client’s circumstances and that attorney’s opportunity to analyze those circumstances against applicable law.
You are going to have to bring in your expert witness to testify about the forgery. Among the issues I see is whether or not the manager had authority to bind the corporation, and whether he had previously signed your name with your knowledge and permission. I am reclassifying this as contracts/agreements.
The leasing company is suing you for breach of contract. They have to prove you signed it or gave the authority to someone else to sign your name. If you tell them that you did not sign it, your expert states it is not your signature, and their expert (if they get one) can't prove it was your signature, then they are wasting their money going to trial if they cannot prove it. It is a simple case.
Kevin A. Spainhour, Esq. - Hopefully this information is helpful. My answering this question giving my general thoughts does not create an attorney/client relationship and is not a legal opinion. The only way to create an attorney client relationship is to retain our services and that can be done over the phone, email or in person.
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