Please Help Me!

[rlmorgan]

My former spouse (in Il.) has submitted forms to the state of Tx (via mail) that include a forgery of my signature. This form was notorized. I now have a copy of the form and it is readily apparent that it is not my signature.

The issue is serious, and I do not know where to turn. The form indicates that false information is perjury, and that there is a fine of 10k. Is this not mail fraud also? This is another example of my being held hostage by a manipulative ex-spouse.

How does a person enforce these laws? Who do I need to talk with? Is it possible to file charges or suit as a civil matter or only criminal? Can't the courts help the little person? Or is it only the people with lots of money or political pull that get help?

Please Please someone provide some help.

Thanks

 

[lawrat]

I am a law school graduate. What I offer is mere information, not to be construe as forming an attorney client relationship.

Okay, you are very smart. What this ex did not only amounts to forgery/possible embezzlement or larceny, etc. but also mail fraud (a white collar criminal crime).

So, not only can you sue civilly but the government can bring criminal charges. Because in a criminal case the burden of proof is beyond a reasonable doubt, if the prosecution wins, and then you bring a civil suit (or the civil suit is already under way because of the statute of limitations issues), you will be more likely to win on the civil suit because it is a lower burden of proof.

So, in a nutshell, I suggest you bring a suit and also have the government press charges and indict.

Immediately contact a white collar crime attoreny in your state through attorneypages.com and/or your local STATE BAR (call 411 and ask for your state bar association) and then ask for their lawyer referral program.

Hope this helps.

 

[Tracey]

As always, excellent advice Lawrat.

In addition, file a complaint with the state notary public licensing board. The whole point of having a signature notarized is that a court can be sure the notary required AND RECORDED the proof of identity before notarizing a signature. If one notarizes a signature without ascertaining the signor's identity (either watching them sign or hearing them affirm that they signed), one risks one's license. Filing a complaint bolsters your claim of forgery by challenging both the notarization AND the signature. State law may also give you a right to sue the notary for malfeasance.

Send a copy of the notary board complaint and the criminal complaints against your ex to the TX court, along with a notarized affidavit stating that you never signed the forms and that your true signature is shown below.

Note, you can file criminal complaints in IL where the forgery occured, and in TX where it was completed.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.