Legal Question in Criminal Law in Georgia

Is forging a signature without intent to defraud a crime?

We recently bought a used car from a dealer. When we received the vehicle title in the mail, our signatures were forged in the Buyer's Signature section. We were never presented the title at the dealership, and would of course have signed it if we were. Since the dealership didn't have any intent to defraud us (but apparently simply forgot to have us sign the title when we were there), did they commit a crime?

I read an answer to another poster's question that indicates it's sometimes ok to sign for another individual if they give you (perferably written) permission to do so, but in this case we had no knowledge of the forgery until they mailed us the title.


Asked on 1/30/04, 8:52 pm

1 Answer from Attorneys
Jim Hough Thomas J. Hough, Jr., P.C.

Re: Is forging a signature without intent to defraud a crime?

The proper way to sign another's signature is pursuant to a power of attorney expressly giving permission to the other person to sign your name. Short of this, permission may be given verbally, but is subject to being verified if it is ever questioned. However, signing one's name without any permission at all is improper. Whether it amounts to the crime of forgery or not, it is not good practice to sign another's name without permission.

It sounds as though you would have given permission if asked, and that you are the beneficiary of the offender's signing your name. If you have not been harmed, I certainly would not complain. On the other hand, I would be wary of dealing with that firm again. Formality for them does not seem important.

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Answered on 2/01/04, 5:47 pm


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