Legal Question in Credit and Debt Law in Georgia
18 year old daughter signed my name to a contract
I have a daughter she leave with me and a saleman came by talk to her about taking some home courses. I work away from home five days a week. She loves to draw and really wanted to take this class, but she didn't have a checking account. He convinced her to use my check and signed the contract in my name. I found out about the money coming from checking each month, and had my acocunt closed. My daughter explain to what happen. I call the Art Institution and explain to them what happen and I did not authorized this and a saleman should never influence a person to do something wrong. I was told that the person would never do somethign like that. The would not disclose any information about or who the saleperson was. I closed the account then they started writing me and then sent it to collection. My daughter, is the one to blame and should be the one that repay this money and also the saleperson. Now they have put this on my credit report even after they compared signatures and find out the didn't match. My daughter wrote the company and explain to them how everything took place and how he convinced her to use the check and where to sign my signatures. What can I do?
1 Answer from Attorneys
Re: 18 year old daughter signed my name to a contract
Nowhere in the post did it ever say that you (1) wrote the company to deny you owed the money and tell them it was a forgery (a phone call doesn't matter), and (2) that you swore out a warrant for your daughter's arrest. You can't have your cake and eat it too. Everyone will assume you gave permission unless you prosecute and properly complain. By now, and it isn't clear how long has passed, you may have waited too long, but disputing the debt in writing (you should have done that in the first 30 days by certified mail) and swearing out an arrest warrant for forgery (a copy of the police report can be attached to the mail) may still help. Be aware that this is a felony and your daughter may spend jail time. (Blaming the salesman is not helpful; it is your daughter that committed the crime).