getting sued with a forged signature they say is mine

[sgriffith]

What is the name of your state? Wyoming

I received a summons to appear in court for a company that says I leased a credit card machine from them in Dec. of 2002. They are suing for over $1900 and have attached an agreement with a forged signature on it.

Background:
I was trying to operate a network marketing direct sales business at the time, who promoted a company to use with a different name than the one suing me. I tried and tried to make money with the company, but had little success. Financially it was ruining me. I had used the credit card machine exactly one time. It was in mint condition, and I mailed it back to the company in the original box, saying that I refused to continue to pay the $49.00 per month (48 month term), when I was never using the equipment. The amount I paid was approximately $1600 before I sent it back. To me, this was such a scam anyway, a credit card machine for $2800! I figured they wouldn't be able to sue me. A month or two after I sent it back, another company than the one I signed up with sent me a collection letter. Now, a third company with different name and address is suing me with forged documents, completley different than the original ones I signed.

First, I am going to answer denying I have the contract with this company and that I owe any money. But, do I have the right to countersue for the $1600 they say I paid them, which I did pay to someone, and it might not be with the original company I signed up with?

Thanks!
sgriffith
Wyoming

[K'Ta]

Originally Posted by sgriffith

What is the name of your state? Wyoming

have attached an agreement with a forged signature on it.

Does it look nothing like your signature? You'll likely have to hire an expert to prove it's not your signature in court.

I was trying to operate a network marketing direct sales business at the time, who promoted a company to use with a different name than the one suing me.

This makes no grammatical sense and I can't figure out what you're talking about.

I tried and tried to make money with the company, but had little success. Financially it was ruining me. I had used the credit card machine exactly one time. It was in mint condition, and I mailed it back to the company in the original box, saying that I refused to continue to pay the $49.00 per month (48 month term),

So you had a service contract with this company to use their merchant services and equipment for 48 months at a rate of 49.00/mo which you then renegged on. How close am I so far?

when I was never using the equipment. The amount I paid was approximately $1600 before I sent it back. To me, this was such a scam anyway, a credit card machine for $2800!

Hey, you picked 'em for your business. It's actually a reasonable rate (I've found it cheaper and used cheaper services when I was in business) and not out of line with the market rate.

I figured they wouldn't be able to sue me.

You figured wrong, huh?

A month or two after I sent it back, another company than the one I signed up with sent me a collection letter. Now, a third company with different name and address is suing me with forged documents, completley different than the original ones I signed.

Ahhh, so the original company couldn't collect and sent you to a collection agency, which couldn't collect either and they sold the debt to another collection agency. How am I doing so far?

First, I am going to answer denying I have the contract with this company and that I owe any money.

You do that. Let us know how that defense works out for you.

But, do I have the right to countersue for the $1600 they say I paid them, which I did pay to someone, and it might not be with the original company I signed up with?

It most assuredly isn't the company you orignally did business with, but that doesn't matter, much to your disappointment, I'm sure. Sure, you can countersue, just don't be surprised when you're awarded a big, fat zero.