Legal Question in Credit and Debt Law in New York

Forged signature on lease form

A company has filed suit against me in the Civil Court of New York, alleging that I defaulted on payment for a credit card authorization device. In substantiation of that claim they have attached a lease application form to the summons. I have never signed such a form and none of the writing on the form resembles my handwriting. My question is as follows: I am summoned to appear in court in New York on December 2, 2003. If I ignore this matter and the plaintiff is awarded a judgement in default, can such a judgement be implimented in the State of Florida, attaching any bank accounts or other assets?


Asked on 11/12/03, 9:44 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Forged signature on lease form

Yes. Once they obtain a judgment against you in NY they can domesticate it in Florida and then execute on it.

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Answered on 11/12/03, 11:40 am
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Forged signature on lease form

While Mr. Slater's response is technically true, the Constitution of the USA provides for FULL FAITH and CREDIT among the states...the fact you are asking about FLORIDA means you should be talking to a FLORIDA attorney. OJ moved there to protect his assets...and FLorida is not a creditor friendly state. My guess is you can do some things to protect yourself and you should contact FLORIDA counsel ASAP.

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Answered on 11/12/03, 12:27 pm
Andrew Nitzberg Andrew Nitzberg & Associates

Re: Forged signature on lease form

This is always a difficult problem. I have had several similar cases and you must fight the case. If they obtain a judgment, then they will seize your assets in Florida or anywhere else in the country. A different state cannot help you.

However, you likely have a good defense to the identity fraud. Since this is an interstate matter, start with the FBI. You must also make a complaint to the police in the jurisdiction where the card was used.

Find out what other cards or debts have been created. It will not be enjoyable, but you must pick up the pieces of your financial life.

On the plus side, defending this particular action will likely be successful. The addresses and locations of use will help you, as will the handwriting issues.

You are welcome to a consultation at no fee at my offices at 42 West 44th Street (near Times Square). Please call for an appointment first (646) 591-5786.

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Answered on 11/12/03, 6:08 pm


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