False agreement

[incognito88]

Oklahoma

A business has leased an item in my name to an employee that works in the store. I know this person and am quite stressed about the privacy issue. He had to have illegally signed my name in order to purchase the item (or lease it). Can I sue the company for this? They know it was not me purchasing the item, they knew it was the employee.... There is a balance reflected on my account.

 

[swalsh411]

Tell the leasing company to take the item off your account. Return it if the item is on your property. Fire the employee. Not sure why you think this is a privacy issue.

 

[incognito88]

Thank you for your response. I believe it is a privacy issue, because it is under my name. My information is stored in their business and allows ANY employee to add products in my name.. it's fraud is it not? I guess my initial question should have been- is this grounds for a lawsuit?

 

[quincy]

Did you have your account with this company set up so that any of your employees could purchase items in your name? If so, the company would not be at fault, your employee would be (if he purchased something without your knowledge or consent). And your recourse would be to fire the employee and return the item, as swalsh said.

If, on the other hand, the company is allowing anyone to purchase items using your account, then the company would be at fault and there could potentially be a legal action to pursue against them. It depends on the facts.

This does not appear to be a privacy issue, however.

 

[latigo]

Thank you for your response. I believe it is a privacy issue, because it is under my name. My information is stored in their business and allows ANY employee to add products in my name.. it's fraud is it not? I guess my initial question should have been- is this grounds for a lawsuit?

"Declaratory Judgment"!

Search and study the subject because that would be the nature of your cause of action against the "employer/business" that approved the fraudulent transaction. And I wouldn't even bother to name the employee. If you want some help drafting your pleading, say so.

Also, I think we are all curious to know why and how the employer/business is attempting to justifying the bogus debiting. You must have had a confrontation. So please reveal all.

 

[quincy]

"Declaratory Judgment"!

Could you explain your thoughts on this, latigo?

. . ..If you want some help drafting your pleading, say so.

Not that any of us here will be able to help you in drafting any pleading. . . . .



But, yes, incognito88, please reveal all (or at least more).

 

[latigo]

Could you explain your thoughts on this, latigo?

As the Waco Kid said to Sheriff Bart when asked if he could set off the dynamite with his side arm, "I’ll give it a try". *

The OP has described the existence of a "genuine legal controversy” involving an alleged bogus debit transaction. And although the dispute is actual and potentially harmful (e. g., he could be sued on the account) he has yet to suffer a financial loss. In other words, he has incurred no damage to found a conventional cause of action/lawsuit.

But he has legal recourse which is to place the controversy before a court in and equitable proceeding seeking a ruling determine the party’s respective “rights, status, or other legal relations, including” (here) the validity of the debit transaction.

And that would be in the form of an action for declaratory judgment or declaratory relief under Oklahoma Code Section §12-1651 and §12-1652

§12-1651 “Determination of rights, status or other legal relations”

§12-1652 “Pleading. A determination of rights, status, or other legal relations may be obtained by means of a pleading seeking that relief alone . . . “

__________________

Not that any of us here will be able to help you in drafting any pleading

Not sure of whom all is included in “us”. (Although I could readily name a few.)


[*] Mel Brooks' "Blazing Saddles".

 

[quincy]

Thank you, latigo.

I personally think more information is needed before determining if incognito88 has any action to pursue at all, though.

As to helping with the pleading, those who are qualified to assist in drafting a pleading are not able on this forum to assist a poster with the drafting of a pleading - and those who are not qualified to assist with the drafting of a pleading probably shouldn't assist.