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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience:  25 years experience as practicing attorney
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With my ex husbands permission, I signed his name at the care

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With my ex husband's permission, I signed his name at the care dealership and purchased 7 years ago in Texas. Now he is threatening me to file a criminal charge against me. Can he do that after all these years.
Submitted: 1 year ago.
Category: Family Law
Expert:  Dave Kennett replied 1 year ago.
-Could you explain your situation a little more?
Why is there a problem today?
Was he your ex husband seven years ago or were you married at that time?
If you were married was the car an issue in the divorce?
Was the permission to sign given in writing?
Did you sign in front of another person?
Please explain why this is a problem at this time rather than at the time of the divorce or 7 years ago.
Customer: replied 1 year ago.
He is mad because I got married recently. We were divorced 17 years ago but always got along well for the sake of the kids. I was at the dealership with a friend and the sales person talked to my ex husband who lives in Kansas city got all his information over the phone and everything was ok. I made payments very faithfully for the all these years and now he being hateful and file a criminal charge after 7 years.
Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - I wouldn't worry about this since I see no crime that was committed if the dealership got the OK and accepted your signature. If you made the payments and didn't default on the loan your ex has no case, criminal or civil and I can pretty well guarantee you that the cops would accept any filing of criminal charges as they would consider this as a domestic matter between you and your ex husband. There simply is no crime as no one was deceived and no money was stolen. So I would ignore the threats and he will soon find out that he cannot file charges against you.
Customer: replied 1 year ago.
I made the payments and all is left is $ 2000/- which I can pay now. The title will be on his name and he may take the car from me even though I made all the payments towards the car. I signed his signature at the dealership with his permission. What is the statuary limitation for filing a criminal nor civil matter?
Expert:  Dave Kennett replied 1 year ago.
It's 4 years but there simply is no crime so there's no statute of limitations related to something that doesn't exist. I'm not certain why you are paying for a car that will belong to him but that is a civil issue and has nothing to do with criminal statutes.
Customer: replied 1 year ago.
This car was purchased for me to use it. Not 7 years, it has been only 5 years. My mistake. In 2008, I wanted to buy this car. My ex husband was supposed to co sign, but ended up in his name. I made the payment for the past 5 years and I am going to pay @ 2000/- by this week-end. and I am sure the title is going to be in his name. He is now threatening me saying that I signed his signature, which I did. But he faxed all his liceence, and other necessary doucments to get the loan for the car to the dealer. Even though I signed his name in front of the dealer as his name, my ex husband was on the phone authorizing all of it. Now he is being angry and want to take criminal/civil action against me. Can he do that?
Expert:  Dave Kennett replied 1 year ago.
I'm not sure how to convince you that this is not a crime. It was simply a contract and he has not been harmed and he agreed to the original terms. Had you done this without his knowledge and he had financial problems as a result then he may have had an action for fraud but under these circumstances he has nothing to complain about and obviously he is trying to use this because of some ulterior motive of jealousy. No police department would accept criminal charges under these circumstances.
Customer: replied 1 year ago.
Thanks. NO criminal action can be taken. What about civil case for forging his signature. Can he file a suit for that after 5 years in texas
Expert:  Dave Kennett replied 1 year ago.
The statute of limitations in Texas is 4 years. There would be nothing to sue you for in any event since he has lost no money and you made the payments. If anyone can sue for something it is you after the car is paid for. You can sue him for the title of the car as it should belong to you but that is a different issue.
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27686
Experience: 25 years experience as practicing attorney
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