"What is the name of your state? florida- i have been summoned to a pretrial confrence by a leasing co that says i signed a 4 year lease of a credit card machine. they attached a contract which has what looks like my signature but no witness to the signature."
*** Not all signatures require witnessing, so that claim is not of consequence.
"the rest of the contract was filled out by someone else, probably the 3rd party who i delt with. a deal to make money with your computer at home was offered by the 3rd party and I accepted. the 3rd party sent me several forms to sign where the x was and asked for my cking acc # so auto pments could be made for the use of the machine. i signed the forms but none of them were the contract attached to my summons to my recollection. the 3rd party told me that he would walk me thru the whole process. I had to be admitted to the hosp for an angioplasti and advised the 3rd party of this and the approx date i could start and he said he would call me."
*** Again, not relevent to the issue at hand..... which is your signed agreement for services.
"I didnt hear from him for a couple of months so i sent the machine back to him and wrote him a note saying that all the agreements we made were null and void since he didnt live up to his end of the bargin."
*** Sorry, but it doesn't work that way. If you signed an agreement, it would be binding on all parties, except as excluded in the agreement. And your returning the equipment doesn't waive your obligation to fulfill the agreement.
"i didnt want to keep paying for a machine that i never used. can the leasing contract be used against me. "
*** Very likely, yes.
"the signature on it looks like mine but i cant recollect ever signing or seeing the contract before."
*** Look through your paperwork. You very probably signed it since it 'looks like' yours.
"There was never any agreement made by me and the leasing company."
*** This is very common. The leasing company simply sells your signed contract to a 3rd party. The sale is all legal and the 3rd party (lender) know owns the agreement.
"I made an agreement with a third party who didnt keep to his end of the agreement so I sent back the machine he said I had to pay to use."
*** As noted above, your returning the machine doesn't 'undo' your legal obligation to pay.
"The leasing company came up with a leasing agreement which I didnt fill out and had what looked like my signature on it. I never seen this document before."
*** Either you signed it or you are making allegations of their forging your name on a document. That 'forgery' is very unlikely.
"What I'm asking is if this agreement ( document ) with what looks like my signature on it, which I never signed or filled out, be used against me as exibit "a" as they call it."
*** Very probably, yes.
"It was apparently filled out by the third party I delt with, and some how got what looked like my signature on it....with no witnesses to my signature."
*** Again, witnessing of signature is not a requirement.
"Can the leasing company use that as proof of an agreement between them and me????"
*** Very likely, yes.
"I never saw the document before it came to me with the summons. It seems to me that this third party gets a comission from the leasing company."
*** Done all the time. The leasing company gets the order but doesn't do the financiing. They then just sell the contract out.
