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#1
 2008-12-19, 00:48
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Drive by 
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Contracts, and loans
I was under the impression it was a given a contract, signed by an individual that they would return money loaned would be the best evidence one could present in civil court. Some people told me a contract doesn't mean anything, unless witnessed, and notarized. Is this true? Or is the contract legally binding, in and of itself, minus the notary, and witness?
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#2
 2008-12-19, 15:40
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Regular
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Tallahassee FL United States
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Re: Contracts, and loans
Quote:
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Originally Posted by Drive by
I was under the impression it was a given a contract, signed by an individual that they would return money loaned would be the best evidence one could present in civil court. Some people told me a contract doesn't mean anything, unless witnessed, and notarized. Is this true? Or is the contract legally binding, in and of itself, minus the notary, and witness?
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The person can simply deny signing that contract if there was no witness at the very least. If you take it to court and the person admits to signing it then it's applicable. It definitely makes the case stronger if it's witnessed by a credible third party and notarized.
Having the document still helps though. Verbal Contracts are still applicable so I don't see why this wouldn't be.
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#3
 2008-12-20, 06:01
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Regular
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The motherfuckin 480
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Re: Contracts, and loans
The person can simply deny signing that contract if there was no witness at the very least. If you take it to court and the person admits to signing it then it's applicable. It definitely makes the case stronger if it's witnessed by a credible third party and notarized.
Having the document still helps though. Verbal Contracts are still applicable so I don't see why this wouldn't be.
I thought they fucking had handwriting experts, that came in,, and deciphered whether the individual was indeed the individual who in fact, signed the contractual agreement.
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#4
 2008-12-21, 00:19
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Regular
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Tallahassee FL United States
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Re: Contracts, and loans
I thought they fucking had handwriting experts, that came in,, and deciphered whether the individual was indeed the individual who in fact, signed the contractual agreement.
Not unless they wrote the entire document. It's not like they invest that much money and time in to every case. Sure, if it's a huge deal but most of the time it's small claims and it's not worth hiring a hand writing expert. Not to mention the fact that Hand Writing experts aren't exactly credible in court. Just like Bullet Signatures or "Lie Detectors"... It can be faked and it's not hard evidence.
It definitely helps having a third party.
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#5
 2008-12-21, 01:40
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Re: Contracts, and loans
Not unless they wrote the entire document. It's not like they invest that much money and time in to every case. Sure, if it's a huge deal but most of the time it's small claims and it's not worth hiring a hand writing expert. Not to mention the fact that Hand Writing experts aren't exactly credible in court. Just like Bullet Signatures or "Lie Detectors"... It can be faked and it's not hard evidence.
It definitely helps having a third party.
Besides a signature does not have to be the typical cursive name. A signature is anything you want it to be and if someone signs a contract with a circle there isn't a thing you do about it. A contract should
1) Be in writting
2) Be signed by both parties
3( Contain all material terms pertinent
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#6
 2008-12-27, 01:54
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chasm69 
Regular
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Re: Contracts, and loans
Besides a signature does not have to be the typical cursive name. A signature is anything you want it to be and if someone signs a contract with a circle there isn't a thing you do about it. A contract should
1) Be in writting
2) Be signed by both parties
3) Contain all material terms pertinent
4) Be witnessed by at least 2 other paries each with no personal or financial gain from the outcome of the contract
Fixed 
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