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There is a situation that I may have to address where a signature

has been forged. To get...
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?
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Answered in 10 minutes by:
8/27/2013
JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11,865
Experience: 30 years as a practising solicitor.
Verified
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.
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Customer reply replied 4 years 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?

They would have no costs to that point.
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Customer reply replied 4 years 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?

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
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11,865
Experience: 30 years as a practising solicitor.
Verified
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JGM
JGM
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