Legal Question in Personal Injury in Kansas
Is a promissory note enforceable if signed but the borrower with wrong name?
Asked on 10/21/10, 7:23 pm
1 Answer from Attorneys
Anthony Smith
LawSmith
A promissory note can be enforced where the borrower has signed, even if their name is misspelled in the note. As you may know,some borrowers are illiterate and sign with an X. The signed writing is just one of the things that the lender would have to prove in a suit to enforce the note. Improper spelling or listing of the borrower, just makes the proof harder. Your question is answered by "it depends." Whether the lender could enforce the note, depends upon whether they can prove that the defendant is the borrower.
Good luck
Answered on 10/27/10, 6:16 pm