Legal Question in Business Law in Florida

Matching Signatures on a Credit App.

We offer third party financing at our retail store. Recently someone filled out the app in person with a color Florida ID. We matched the person with the ID and retained a copy, but, after we were paid from the finance company, they later claimed the signatures don't match and it's a stolen identity and wants us to repay them. I�d think a photo ID would prevail over the highly subjective interpretation of a signature match. What are my legal rights in terms of not having to pay this back? Digital signatures (like the ones on the FL IDs) are rarely, if ever, similar to what your real one looks like in person. This guy could also by lying and could've intentionally made his signatures not match. Any help would be so much appreciated!


Asked on 7/25/07, 12:50 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Matching Signatures on a Credit App.

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The answer to your question will depend on what your agreement is with the third party finance company. If your agreement says that you are responsible for any charge backs or disputed charges, then you may just have to absorb this loss. If it is not covered, then they have no right to charge you back for the loss.

You may have some relief from your insurance coverage. You should review your policies to see if any relief can be obtained in the event that you are responsible to the finance company.

Last, if you do absorb the loss, you always have the option to pursue the party who made the charge in your store. If you can prove that they did make the charge, you might have grounds for treble damages depending on the actual fact pattern under various Florida laws including those pertaining to fraud or civil theft. You can also file a criminal complaint with the police department although, even if an arrest is made, you may never receive a penny as a result.

Scott R. Jay, Esq.

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Answered on 7/27/07, 12:41 am
Michael Stewart Michael D. Stewart

Re: Matching Signatures on a Credit App.

This will depend on your agreement with the finance company and other applicable laws.

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Answered on 7/25/07, 1:36 pm


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