A family member forged another family member's name and acquired 60k worth of credit to obtain materials to run a business. Since then, the first family member has gone into default on the loan and had a judgement rendered against both family members. The difficulty, the first family member has nothing with his name on it. The second who was unaware of the situation, has gone about life buying a home and car... etc. Now there is a lien against the property and with the accrued interest and penalties, the amount of the judgement is greater than the value of the home. I have contacted an attorney, but I want to know in VA what are the consequences for the actions of the person who started this mess?

The person who "started this mess" can and should be prosecuted. The injured party should sign and have notarized an affidavit stating that his/her named was forged and that the credit obtained under his/her name was without his/her knowledge and consent.

Hello h:

Somebody dillydallied around when things first went bad. A judgment would NEVER have occurred against your mom if she had defended herself. The cops should have been called THEN. It looks like you STILL haven't called the cops. I don't know. You can't dillydally about stuff like this.

excon

excon is right. There is NO way a judgement should have been entered against mom. As soon as notice of the suit was received this should have been vigourously defended as forgery and identity theft.

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Originally Posted by hbnorlund

A family member forged another family member's name and acquired 60k worth of credit to obtain materials to run a business. Since then, the first family member has gone into default on the loan and had a judgement rendered against both family members. The difficulty, the first family member has nothing with his name on it. The second who was unaware of the situation, has gone about life buying a home and car...etc. Now there is a lien against the property and with the accrued interest and penalties, the amount of the judgement is greater than the value of the home. I have contacted an attorney, but I want to know in VA what are the consequences for the actions of the person who started this mess?

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How did it go this far without the forgery being reported (as theft) to the Police? And judgments were obtained without the knowledge of the parties - ?

Your Attorney is undoubtedly more familiar with the circumstances, is in VA and can give better advice but I am always puzzled when things go this far.

No one knew about it until a guardianship pre-trial on Friday. Now, she has dementia and can't sign anything and there is no guardian as yet.

Well as soon as a guardian is appointed, it will be up to the guardian to retain legal counsel.