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Barrister, Attorney
Category: Legal
Satisfied Customers: 37804
Experience:  16 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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A loan finance Co "said they sent me a real live check

Customer Question

Hello , a loan finance Co "said they sent me a real live check in the mail" I never got this check nor ever applied for a loan from this company ever. Now they have summoned me to court saying the check was cashed at Walmart . I'm am clueless ??
Submitted: 2 years ago.
Category: Legal
Expert:  Barrister replied 2 years ago.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
If the loan company is alleging that you cashed a check that they sent you, they will have to prove that you did indeed cash the check and endorsed it. Since you didn't have anything to do with this, then a handwriting analysis would clearly show that the signature on the check wasn't yours and that it was forged. Walmart might also have surveillance video of the incident that they could use to aid in any identification and prosecution of the person responsible.
But if they have filed suit against you, you still have to respond to the summons and complaint by filing an Answer denying all their allegations or they could get a default judgment against you even though you had nothing to do with this.