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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I resigned from CEO of a corp 18 months ago. A third party

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I resigned from CEO of a corp 18 months ago. A third party has a default judgement against corp. The other "partner" continued with the business and created a new corporation document and created a documents assigning assets of the corp to new corp. On this document, he forged my signature. Obviously, this is fraudulent conveyance to the detriment of the judgement holder. My "partner" does not know that I have a copy of the assignment document. The judgement holder is going after him to satisfy the claim since he suspects that my partner transferred all the assets to new corp.

Should I

1. Contact law enforcement to report the forgery or
2. Offer this document up to judgement holder in exchange for him leaving me alone. The value of the assets transferred exceeds the judgement amount. Per the document his new corp was supposed to have paid the debtor corp for the value of assets within 5 days of the agreement which they have not.

Any insight will be helpful

Thank you for your question. Please permit me to assist you with your concerns.

I am very sorry to hear that you are in this situation. To be frank nothing stops you from doing both. You can contact law enforcement to have them investigate and potentially file charges against your ex partner. At the same time you can potentially consider filing a personal suit against him for damages to your business reputation and for fraud that he attempted to perpetuate in your name. Finally, you are under no legal duty to hold this information private as you have no fiduciary responsibility to the new corporation. Therefore contacting them over the funds they may have been defrauded out of does not open you up from any liability from your partner. Just make sure to do so only if the creditor grants you a personal signed release of debt obligations that you may owe.

Good luck.

Dimitry K., Esq. and 7 other Legal Specialists are ready to help you
Customer: replied 3 years ago.

Thanks for confirming what I was thinking. I want to use to this forged document only as a leverage in may favor so the judgement holder will not go after me. who do contact to file a forgery complaint?

Thank you for your follow-up.

I am glad to hear that we see it as a similar situation. Here, contacting the DA's office in your county, or rather in the county where the business is set up, would be the next step. It would be up to that local office to consider whether or not there is enough to pursue charges on your behalf.

Good luck.

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