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Can my signature on documents that are being sent to the Plaintiff be used against me?

Eileen · December 11, 2025

Hello, I'm about to respond to a summons I was served. My question is should I be concerned when sending my signed copies of my Answer, Affidavit and Motion to Dismiss to the attorney for the collection agency? Especially since one of my statements is the fact that they didn't send me a signed copy of the cardmember agreement. I'm being sued by CapOne/Discover. Is it possible they could or would copy my signature to satisfy this claim?

9 replies

  • RDD · December 12, 2025

    If your asking if they will forge your signature then I wouldn't worry to much about that. Whereas most agreements have been electronic signatures for many years now I'm not sure where its going to get you.

  • Eileen · December 12, 2025

    Hello, So are you saying the fact that they didn't share a copy of a signed cardmember agreement does't matter in my case because a signature is understood? I've been a cardmember for many years. I don't believe they used electronic signatures at that time. Can you explain your statement "I'm not sure where its going to get you".

  • brian · December 12, 2025

    Forgery rarely occurs after the litigation starts as there are too many eyes at that point.

  • brian · December 12, 2025

    On a side note, are you filing a Motion to Dismiss or an Answer? Generally, while I might not practice in your state, it is the Motion and then an Answer if you don't win the Motion. Please check your court rules. My video, Answer OR Motion to Dismiss might be instructive but also check the court rules on responses to lawsuits and pleadings. Good luck.

  • Eileen · December 12, 2025

    Thank you Brian. I originally planned to only file a motion, but when I went to the clerk for information they told me I could file an answer at the same time. The ball is rolling now. I still can't believe the guidance and information available through your chat program. It's amazing and scary at the same time. Thanks again.

  • Keith · December 14, 2025

    When it comes to submitting documents in the signature block on filings that are able to be uploaded to the courts filing system I normally sign on the signature blocked electronically via text i.e. s/ (Full Name ) in italicized format then type name out directly underneath in plain text. Even when I hand deliver to the courts or mail copy to opposing counsel I use this format on all documents and swear to it being my binding signature for the pleadings. They gets no wet ink signature from my in my handwriting .

  • Eileen · December 15, 2025

    Hi Brian, I wish I had paid for a one/one consult with you to get your thoughts before I filed everything. The girl at the clerk of courts was correct that people file motions and answers at the same time. The bummer is they should be done in that order. In my case the girl stamped the answer first and the motion second. Not sure how this will turn out, but I'm sure I'll hear something soon. I'll keep you posted. Also, I tried to get help from several local attorneys. Sadly all they were interested in was me filing bankruptcy. When I said I wanted to file a motion to dismiss they told me they don't normally do that. In the end I think they just weren't interested in going that route.

  • Lio · December 19, 2025

    Hi Eileen,
    Not sure what state you're in, but in Michigan, I don't think the order of filing/stamping matters if your filings are submitted simultaneously. Courts prioritize that you file at least one (motion or answer) before the deadline to avoid default.​

    My concern with pairing an answer and motion is whether the answer waives key defenses in your motion, such as lack of personal jurisdiction or improper service. An answer typically concedes jurisdiction/service. In contrast, a motion challenges the complaint's sufficiency without that admission. That said, if your motion targets dismissal for improper service/jurisdiction with strong grounds, and your answer doesn't contain a contradictory admission, the court should grant a pro se filer leeway by construing the filings more liberally.​

    As for local attorneys pushing bankruptcy, no surprise. They prioritize quick resolutions with flat upfront fees ($1k–$6k) and minimal ongoing work over the grind of motions, discovery, and trials on hourly billing ($200–$400/hr). For cash-strapped clients, it's less effort with predictable pay, versus a prolonged process with uncertain defense outcomes. Hope this post helps. Best of luck!

  • brian · December 19, 2025

    Again, generally the Motion comes first a hearing is set and there is no need to file an Answer unless you lose the Motion. Check your state rules.

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