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BelizeBreeze

Senior Member
DRlegal said:
:rolleyes: It would fall under Title 18 Identity Theft

If you file a criminal complaint, your brother will be an accomplice, so be careful there.
As the victim, it is well within your rights to file a criminal complaint.


As far as a civil action, I feel stongly that a judge would, on motion for summary judgement, dismiss for "failure to state a claim where relief may be granted".

But speak with your local attorney before making any decisions.


GOOD LUCK

:cool:
The view expressed above should not be construed in any sense as a guarantee or unqualified prediction of the result. Litigation is
inherently a risky undertaking and for that reason the possibility always exists that, contrary to expectation, the claim will [or will not] be successful
Please take approximately $75,000 out of petty cash and purchase a legal education. :rolleyes:
 


civic96

Junior Member
Thank you for being more helpful and not being rude like the other people. So, in other words, if I really don't want to get my brother in trouble, I can't do anything about the situation. Even though the dealership let him sign my name and gave him the 4 wheeler after it happened.
 

JETX

Senior Member
civic96 said:
Thank you for being more helpful and not being rude like the other people.
You're welcome!!!

So, in other words, if I really don't want to get my brother in trouble, I can't do anything about the situation. Even though the dealership let him sign
my name and gave him the 4 wheeler after it happened.
Yep. The ENTIRE issue is that your brother was the one who 'did wrong'. It makes no difference if the dealership told him to... or begged him to... HE is the one who forged your name.
All he had to do was say "NO". He didn't.
 

CO19

Member
civic96 said:
The dealership has a "POLICY"(meaning it may not be legal but its how they do things) saying ONLY husband and wife can sign for each other if one can't be at the signing of the contract. NOT brothers. Which is exactly what the "big guy" at the dealership told us. If that's the case, I wonder why they would let my brother sign for me. Even then, husband and wife or brothers, its not legal. I talked to an attorney and she said I would HAVE to be present when the papers are signed. I'm not looking to get money out of this...I just want my name off the papers. That can't happen without an attorney because the dealership won't let it. They have a copy of my signature for a credit review, and then they have the signature on the contract. You can tell its not the same, but yet they're still saying I signed it. I know I said I was going to co-sign for my brother, but when he ends up getting the 4 wheeler almost a year ago without me signing any papers, I figured he had enough of a down payment to get it himself. It was a shock to see my name on there. I understand my brother was also in the wrong for signing my name. But come to find out, this isn't the only time this has happened at this particular dealership, which is also what the guy said. Maybe they just want their commission off the sale. I'm not sure. But I do know they didn't do their business like they should have. They signed off on the ATV course he was suppose to take before getting the 4 wheeler too. Doesn't that show some kind of negligence with the dealership there? Think I'm wrong if you want, but you won't know until something like this happens to you. I'm not trying to be rude like some of you people, I just want to know all of my options. All I want is my name off the contract.
Civic, You stated that you spoken to an attorney and were told that you would HAVE to be present when the papers are signed, which you were not. You also stated that you just want your name off the contract. Take the advice/recommendations of *your* attorney and proceed accordingly.
 
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