Key point: every case depends on its facts, supporting documents and applicable time limits. An individual assessment is needed before taking action.
A disputed signature should be addressed promptly
Discovering your name or signature on a contract, form, minutes or company document can have significant consequences. The first step is to obtain a complete, legible copy of the document, its attachments and, if possible, information about how it was transmitted.
You should then formally dispute the origin of the signature with the organisation using the document. The objection should precisely describe the document, its known date, why you state that you did not sign it and the measures requested, without altering or annotating the original received.
Forgery, use of forged documents and other classifications
Article 441-1 of the French Criminal Code defines forgery as a fraudulent alteration of the truth, capable of causing harm, in a written document or another medium intended or able to establish evidence of a right or a fact with legal consequences. Using a forged document is also punishable.
Not every differing signature automatically constitutes an offence. The medium, intent, existence of an alteration and potential harm must be examined. Depending on the facts, other classifications, particularly identity theft or fraud, may also be relevant.
What evidence should you gather?
Keep the disputed document in its original format, its metadata if digital, the emails used to send it, envelopes and case references. Also gather authentic documents bearing signatures made around comparable dates. A handwriting examination may be considered, but its necessity and significance must be assessed against the whole case.
Ask the organisation in writing about the document’s origin, the date it was received, who submitted it and the channel used. Replies, refusals or a lack of response can help establish the chronology.
Challenging the document’s effects
Criminal proceedings do not necessarily replace civil, commercial or administrative challenges. It may be necessary to seek suspension of the document’s effects, correction of a register, cancellation of an undertaking or compensation for harm.
A legal consultation helps coordinate the steps and avoid contradictory objections. The firm reviews documents and assists with proceedings governed by French law, particularly for clients on the French Riviera and in Franco-Romanian matters.
Book a consultation
Are you facing a situation governed by French law? Mihaela Cengher Law Office can review the facts, available documents and suitable remedies. Contact the firm to arrange a consultation.