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QLD Being Sued as Guarantor But I Didn't Sign?

Discussion in 'Debt and Bankruptcy Law Forum' started by mark wilson, 13 December 2014.

  1. mark wilson

    mark wilson Member

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    I have been issued with court documents demanding payment to a supplier for which my signature has been forged in a fall out before entering a partnership. The documents show me as the third defendant which the name is correct, but on page 2 where the document is to be served my surname is completely different, can the continue with this mistake or do they have to correct it and serve me again? I need time to go to the police and get me own advise but this will take longer than the 28 days by Australian law for me to respond to the claim and in order to find where the person who forged my name's whereabouts to refute this.
    All help and responses are greatly welcomed please. Thanks
     
  2. mark wilson

    mark wilson Member

    Joined:
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    I have been issued with court documents demanding payment to a supplier for which my signature has been forged in a fall out before entering a partnership. The documents show me as the third defendant which the name is correct, but on page 2 where the document is to be served my surname is completely different, can the continue with this mistake or do they have to correct it and serve me again? I need time to go to the police and get me own advise but this will take longer than the 28 days by law for me to respond to the claim and in order to find where the person who forged my name's whereabouts to refute this.
    All help and responses are greatly welcomed please. Thanks
     
  3. Sarah J

    Sarah J Well-Known Member

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    Hi Mark,

    1. If your signature was forged, you cannot be bound to the guarantee as you did not consent to be bound
    2. Were you notified of the court action? How come you just received a court order without being given opportunity to defend the matter?
    3. In any event, you should apply for a stay of enforcement action and bring an application to dispute the liability
     

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