The Unsigned - Signature Review
SUMMARY: Signature examination cannot be conducted on a copy document.
19th Civil Chamber of the Court of Cassation
E: 2018/3505 K: 2019/170 T:16/01/2019
The plaintiff's attorney claimed that the defendant objected unfairly to the enforcement proceeding initiated by the plaintiff for the collection of the receivable arising from the credit card, and demanded and sued for the cancellation of the objection, the continuation of the proceeding and a 40% compensation.
The defendant's attorney stated that the defendant was old, illiterate, unable to sign and did not sign a contract with the plaintiff and requested the dismissal of the lawsuit and 40% compensation.
The court decided to dismiss the case on the grounds that, according to the trial and the adopted expert report, it was determined that the signature on the credit card membership agreement and the credit card application form were not the product of the defendant's hand, and that the defendant could not be held liable for the debt incurred due to the contract signed using the defendant's identity information, and the judgment was appealed by the assignee plaintiff's attorney.
The documents in the expert report taken as basis by the court for the signature examination do not include the originals of the documents sincerely signed before the date of the contract, and some of the documents are photocopy documents. The report prepared as a result of the signature examination on photocopied documents cannot be taken as a basis for the judgment. For this reason, while the court should obtain the originals of the documents containing the signatures of the defendant for the period before the contract date, obtain a new report and make a decision according to the result, it was not deemed correct to make a decision with incomplete and insufficient examination and required a reversal.
CONCLUSION
For the reasons explained above, it was unanimously decided on 16/01/2019 to VACATE the judgment and to refund the advance fee to the appellant upon request.
Research & Analysis
Family Law
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Personal Injury
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Criminal Law
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Signature Review on a Copy Document - Question & Answer
No. The signature should be examined on the original document. Examination of photocopies or copies of documents may be inaccurate and not admissible as evidence in court.
No. Signature examination on photocopied document insufficient and incomplete evidence. Court, to obtain a new expert report by bringing the originals of the documents.
You're a person, if a contract has been concluded with a forged signature using identity information without his/her consentfrom this debt cannot be held responsible. However this claim must be proven.
Court, based on an expert report based on photocopied documents. Court of Cassation, the decision was reversed by stating that a new signature examination should be conducted by bringing the original documents..