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I am being sued by a cousin of my ex wife for a "loan" of $20,000

in 2004. The loan...
I am being sued by a cousin of my ex wife for a "loan" of $20,000 in 2004. The loan was paid back in goods. He is now suing me for the above amount of money and has attached a poorly written contract that has my signature on it. I never signed this document, but it appears he took copied my signature off of something else, perhaps even getting it from my ex wife. Over the past year or so he has presented me with different contracts for differing amounts, dates etc. They are all fradulent, but yet again have my xeroxed signature. He has never presented anything with my orignal signature...because it does not exist. It is also interesting how this law suit surfaced after he found out I am engaged to a nurse. I myself have a very limited income, and receive SSDI only. I do not even know what kind of lawyer I need. Thank you!
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Answered in 3 minutes by:
12/1/2012
Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 56,021
Experience: 29 years of experience practicing law, including tax and estate planning.
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Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. First, CA has a 4 year statute of limitations for written contracts, a 5 year statute of limitations for promissory notes, and a 2 year statute of limitations for verbal agreement. No matter what you have in your case, it is beyond the statute of limitations and thus that gives you an absolute defense. So, you simply answer the lawsuit or appear at the hearing and assert the statute of limitations as an absolute defense.



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Customer reply replied 5 years ago


The issue is he has filed a copy of a false contract with the court. With a date of 2009 instead of 2004. that has a copy of my signature on the document. The process server served my fiance by throwing a copy of the summons on her feet at my front door. Also, what type of attorney do I need to hire? General, contract or what? Thank you!

You would want to engage a civil trial attorney. And, since these are also forged documents, you want to contact the district attorney's office and pursue criminal fraud and forgery charges. You're welcome...it's my pleasure to help!
Richard
Richard, Attorney
Category: Estate Law
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Experience: 29 years of experience practicing law, including tax and estate planning.
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Richard
Richard
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Category: Estate Law
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