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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7273
Experience:  28 years as a practising solicitor.
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There is a situation that I may have to address where a signature

Resolved Question:

There is a situation that I may have to address where a signature has been forged.

To get access to the documents I will need to get a Scottish court order to seize the documents against the individual in question.

I understand that fraud can be of a criminal or civil nature.

Is it possible to get a court order to seize the documents using the civil legal process?

If it turns out the signature was forged, would it be possible to bring about both a civil and criminal case?

If the signature was not forged, will I be liable for anything more than my legal fees and court costs?
Submitted: 11 months ago.
Category: Scots Law
Expert:  JGM replied 11 months ago.
Thank you for your question.

There is a statutory provision whereby you can raise a petition for search and seizure of documents in contemplation of court proceedings. It is a "sledgehammer" remedy which you have to apply for directly to a judge of the Court of Session. If granted a senior lawyer, sheriff officers and the police have the power to enter premises and seize relevant documents.

If the documents are forged then you have a prima facie case in the civil court and if you think there is criminal liability you can contact the police and they can submit a report to the procurator fiscal who will decide if a prosecution is to be launched.

If the document is genuine and you have no case then you would be liable for all parties costs.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 11 months ago.

What could the other parties costs include - just up to the point of the search and seizure?


 


As part of the search and seizure can you include multiple documents across multiple sites?

Expert:  JGM replied 11 months ago.
They would have no costs to that point.
Customer: replied 11 months ago.

Hi JGM,


 


Thanks for the helpful responses. There was a question above I think you missed:


-As part of the search and seizure can you include multiple documents across multiple sites?

Expert:  JGM replied 11 months ago.
I don't see that question above but the answer is yes, you are petitioning for an order in respect of a named defender so you can ask for a warrant to search multiple sites and to would have to specify those sites in the petition.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7273
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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