Legal Question in Criminal Law in California

My signature was forged on a automobile lease

On May 12, 2003, my husband and myself purchased a brand new car together in the state of California, we signed a five year lease. On June 8, 2003, we separated. I live in Washington state, he lives in California, where we bought the car together. On June 11, 2003, my husband went back to the dealership where we purchased the car and changed the terms of the lease and the address on the lease. The address which is now showing on the lease I have never lived at, and I wasn't even in the state of California when he changed this information. Yet, my signature is on all the lease documents. I know this because I still have the original lease documents in my possession. The company that makes the car is also the finance company as well. They have faxed me documents that are different from the originals that I was never present to sign. My question is, 1. Is the entire lease void, 2. Can I have my husband return the car to the manufacturer free and clear of any payments due from this day forward, and 3. Can I sue my husband or the dealership for forgery? I would like to get my name off of the $30,000+ car lease as soon as possible. P.S. My husband used to sell cars at the dealership where my signature was forged. Please help!


Asked on 8/11/04, 10:49 pm

1 Answer from Attorneys
James J. White, attorney Law Offices of Smith & White, PLLC

Re: My signature was forged on a automobile lease

Dear Please Help,

One of your options is to have your husband charged with forgery. You can contact the local police but they will likely tell you it is a matter for the police where the forgery occurred. Once a case is brought against your husband, this will potentially entail your traveling to California to be a witness against him. If you do initiate a charge against your husband, the prosecutor on the matter (who is a lawyer) should be able to give you further advice as to the financial options available to you.

A similar thing happened to a good friend of mine. Her husband moved from Washington State to New Jersey where he forged child support papers reducing his payments. He knew she could not afford to come to New Jersey to testify against him.

Good luck.

P.S. The lease likely isn't void until you establish the forgery in a court of law. However, you will need to contact a California Lawyer for the particulars on California law.

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Answered on 8/12/04, 11:17 am


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