Q: I am being sued for $7,500. There is a contract attached to the lawsuit that says I agreed to pay that sum related to a vacation, but it is not my signature. I simply did not sign the agreement, and told the agent we decided not to go. How do I prove this is a bogus signature?
J.P., El Segundo
Ron SokolA: The party bringing the lawsuit has the initial burden of proof. He or she has to show: (a) a contract was entered into, (b) supported by consideration, (c) he or she performed or was excused from performing, (d) you breached, and (d) damages arose.
I presume you already have informed the party that is not your signature, and that it is a forgery. If nonetheless you have to answer the lawsuit, you can raise the forgery as one of your affirmative defenses. The authenticity of the signature therefore becomes a question of fact.
Forgery is a crime. Have you reported the matter to the police? Also, is the signature really similar to yours? Do you have writing samples that show the signature on the contract is not yours? In addition, who has been part of the “chain of command” with regard to the contract? Does anyone claim they saw you sign? Further, when was this contract created? Was it ever sent to you? Is that a digital signature, or handwritten? On the date you supposedly signed, what were you doing? Who were you with?
Q: In our home purchase we are doing a whole lot of things over the internet, including many initials and signatures. Is this perfectly valid and binding for both sides?
P.N., Lancaster
A: The contract(s) you are party to may well spell out that digital and electronic signatures are valid. Moreover, in some instances a document may be signed separately, and the agreement likely sets forth that counterparts are valid.
Today both federal and California law support digital and electronic signatures as long as certain conditions are met:
Under federal law, the key is that the parties intended to sign in such manner, and consented to doing so. Under California law, the validity is found when the signature is logically associated or linked with a record, and the signature is both done by a person with the intent to sign, and the document can be reproduced and retained.
It is possible, however, that certain records do not provide for digital or electronic signatures. Examples may include wills, codicils and testamentary trusts; research indicates possibly some family law paperwork as well.
To err on the side of caution, consultation with a qualified professional, sufficiently well versed with digital and/or electronic signatures, is advisable if you are signing in such fashion but not sure whether it is going to be enforceable.
Ron Sokol has been a practicing attorney for more than 40 years, and has also served many times as a judge pro tem, mediator and arbitrator. It is important to keep in mind that this column presents a summary of the law, and is not to be treated or considered legal advice, let alone a substitute for actual consultation with a qualified professional.
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