When using the estoppel letter, should I put my name on the bottom after the witness my hand, thing? I don't want to sign it, but I want them to know it was from me. How do I tackle this?
I don't really see much of any way around it, Erica. If you don't sign it, it isn't going to have much force or effect.
The issue here is them transposing my signature onto something that I originally didn't sign. I want them to DIG for anything. Besides, I supposedly entered into a contract with someone else, not this collection agency. They shouldn't have my signature on anything anyways.
Erica, The witness my hand and seal statement is taken from a notary statement most likely. It is not appropriate in the estoppel letter. I would leave it out. My opinion is that you should sign the letter.
Erica: Seems to me that Jeff makes an excellent point. Your concerns are also quite appropriate. That's a valid concern, especially when dealing with such bottom feeding scum, but I doubt they would stoop that low. I agree, and I also do all that I can to make them dig for everything possible That goes into both contract and agency law. It's a valid point and very useful even in court. Not one to be overlooked. One such useful point in court is where they attempt to tack attorney's fees on the top of what you already owed when demanding judgment against you. You have no contract with the attorney. His contract is with his client whoever that might be, not the defendant. But that point is best argued about 45 days or more after the judgment has been entered and one files motion to vacate and cross complaint. That way the judgment falls under the law of voids and it should be easy to overturn the judgement on that grounds. They also usually tack on usuarious interest rates not allowed by law and that makes a second powerful and valid reason to demand that the judgment be overturned. Once the 30 day mark is passed, they can't easily amend the motion whereas if you argue it in court at the original hearing, they can easily amend their motion. Yep. Gotta agree with that too, but if you don't sign the darn thing, how you going to enforce it on them later? Looks like it's a matter of the lesser of two evils.
Just my thoughts, I would sign much larger than normal with parts of my signature written over my type written name below.
Or sign with the hand you normally don't sign with, you can always tell the judge yes you signed it but you were afraid they would transpose it KHM
People who forge signatures can forge anything - it's just that when forged, it would be exact. When you sign your name, it is different every time. When it is forged, it is not. Larger than usual wouldn't work - copy machines can fix that. But if you put a forged signature over the original signature and it matches exactly, that is proof that it is forged.
Well you could sign Mr. or Mrs. with initials then spelled out last name, or just sign your first name or just sign your last name, or just all three initials. If its not a contract, I think this would be ok. Again just my opinion.
