Legal Question in Credit and Debt Law in Georgia
Forged Signature On Loan Documents
My brother's wife kept him in the dark about the finances. She constantly lied about the money they had. He found a stack of documents hidden in the home which showed numberous loans with his signature only which he never signed or knew anything about. He approached her about the situation. Although she admitted it, she got mad and left the state with his child. He then went to the bank and had them pull bank statements for a year back. He found where loan companies had drafted his account for thousands of dollars of the last two years for loans fradulently obtained in his name with his signature over the internet. He also found where she used a car which had been totaled a year ago as collateral to obtain a loan in his name. What legal recourse does he have? Is he responsible for the debts? Has a crime been commited? Any advice would be helpful. Thank You.
1 Answer from Attorneys
Re: Forged Signature On Loan Documents
Forgery is a crime. However, unless he treats it, immediately, in that way, he is going to be stuck with the debts.
He needs to make a detailed separate police report on each debt, and send a certified letter to each lender disputing the debt as a forgery, with the reports attached. He will likely have to sign other affidavits and has to be willing, if there is a prosecution, to try and get her put in jail.
Even with doing that he is goingt o have a difficult time convincing people, as while it would be easy to hide one or two debts that way, he almost has to have been deliberately negligent in his affaors not to know all this as everyone should check their credit reports at least annually and should check bank statements monthly. In other words, he is going to run into a lot of disbelief.
If he fails to disputre the debts, he is likely to be deemed to have authorized them. In that case, he's liable.
To the extent he has proceeds of the fraudulent loans, he should keep them in a form that would allow him, if need be at some future point, to return what he has.
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