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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 23662
Experience:  Lawyer
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I have received a settlement a contract from the Illinois dept

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I have received a settlement a contract from the Illinois dept of public health - before I make the settlement payment I want to ensure that the contract will be valid - the signature on the contract does not match the multiple examples of the director's signature available in the public domain - I am concerned that the director did not sign the contract and that once the idph has the money they will state that the contract is void, apply the money to the larger original debt, and demand payment as per the original contract - the original contract is governed by Illinois law and I am in Florida.
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

My name is XXXXX XXXXX I'd be happy to answer your questions today.

That would be fraud. If they did that, you'd be able to sue for enforcement of the settlement agreement, provided that you signed in good faith.

One thing that could help ease your mind is to ask the person you are talking to at the Dept. of Health to explain the different signature. Another is to include a statement in the settlement agreement that your agreement to pay is not an admission of guilt or liability. That would help prevent them from trying to use the settlement agreement against you later as evidence of guilt if they choose not to follow it.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 1 year ago.
I send a check for $180,000 yesterday - I am thinking of stopping the check and stopping delivery of the letter - the signature of the IDPH director is clearly unlike any of his out in the public domain off which there are many and they are all the same - but none of them even close to the one on my settlementt contract. I have not dealt directly with the director but with the assistant deputy director - his details are available on the internet and so is his position with the IDPH. He has signed the contract as "Recommended by" and the IDPH director has "signed" below above where the typed name is XXXXX XXXXX looks as though the assistant deputy director has signed the name of the director but no pp before the signature - if they simply applied the 180,000 to my original debt and said that the contract was void I would be at a disadvantage in an Illinois court - I was thinking of stopping the check and flying up to Illinois and getting the director to sign in my presence - comments / suggestion
Expert:  Lucy, Esq. replied 1 year ago.
If the director authorized the deputy director to sign on his behalf, it's valid. It shouldn't be necessary to fly up there. However, it should say something like "John Doe, by Jane Doe" to indicate that the person who actually held the pen was someone else. You can ask for a confirmation of the signature or ask them to resend the signature page. Another option is to ask them to provide evidence that the deputy director was authorized to sign the contract.

The Department has no ability to declare the contract void and keep your money. You could sue for a full refund if they tried to do that. The negative publicity, embarrassment and public pressure is not something they would want. You could also ask the judge to award you punitive damages because they took your money under false pretenses and fraudulently obtained your signature. So, in the unlikely event that they refuse to honor the settlement, you'll be able to use the media and the legal system to seek justice from them.
Customer: replied 1 year ago.
I will stop the delivery - the contract states I have until the 15th Oct to make the payment otherwise the original contract continues unchanged - I will then ask the deputy who actually signed the settlement and ask for the contract to be resigned by the director using his regular and customary signature I will also ask that the contract is notarized - does this sound reasonable ? Does this sound sensible? I have no wish to let this become a court or legal issue.
Expert:  Lucy, Esq. replied 1 year ago.
Having the signature notarized is a good way to ensure that the person signing it is the deputy director. That might give you some peace of mind.

If the money isn't due until Oct. 15, then there shouldn't be any negative consequence to you holding off on delivery until you feel better about the validity of the contract.
Lucy, Esq., Attorney
Category: Legal
Satisfied Customers: 23662
Experience: Lawyer
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