Legal Question in Credit and Debt Law in Virginia

Re: paying a debt

Your question is somewhat complicated. If the girlfriend signed his name without his permission he is not liable period -- she is. If he opened the account or gave her permission to sign his name or got cards for her on his account, then he is liable.

I strongly encourage him to consult with counsel before proceeding. He may well be a candidate for personal bankruptcy if he is found liable.

Re: paying a debt

Your question appears to assume that the brother had no knowledge whatsoever about the debt; he didn't sign anything or give anyone permission to sign his name. I'm assuming that in this response.

First, consider the definition of the word, "signature": A signature is a sign or symbol used or adopted with the present intention to authenticate a writing. It's not the same as an "autograph", which requires that one write his name in his own handwriting, but without any intention to create legal consequences. SO: when girlfriend wrote brother's name on the credit app., it was her signature, not his, for purposes of civil liability.

As a matter of criminal law, it's forgery. In Virginia, that's a felony. Va. Code � 18.2-172.

Your brother should (1) move to have any judgments already entered against him vacated and dismissed; (2) defend any other suits filed against him vigorously, impleading the girlfriend as the real party responsible; (3) write demands for verification to any collection agency that wants payment immediately after receiving written demand; (5) file suit against the girlfriend; and (5) go to the magistrate or police and have the girlfriend charged with the crime.

Your brother needs to hire a good lawyer in his area.

If your brother is still soft on the girlfriend (or soft in the head), and doesn't feel like protecting his own interests, and insists on shooting himself in the foot over someone who's obviously not worth it, then you just forget about it. It's his problem, not yours, and don't you be bailing out either one of them when they come around begging you for money. Tell them, "you've made your bed, now you sleep in it", and "I told you so." Loan him money to get a good lawyer, if he wants to protect himself, but don't try to bail out a black hole.

See some of my earlier answers on this Board relating to "demand for verification".