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  1. #1

    Default Accused of Forgery

    My question involves criminal law for the state of: Georgia.

    My boyfriend entered into a settlement agreement with his ex. She signed all necessary documents to file an uncontested divorce and had everything notorized. The terms were that the father gets custody of the kids because she had planned to join the Army in May and can not do so as a single parent. She asked him to not file the papers until she had signed on with the Army. Well then she got a boyfriend and moved with the kids two hours away so my boyfriend asked me to take paperwork to courthouse and file it (I am a paralegal and go to the Clerk's office regularly.) So I filed the paperwork and a month later I brought the Final Judgment and Decree to the judge's chambers to be signed. A few days later, the divorce was signed my the judge and I filed it with the Clerk. Now she is saying that this was not what she had agreed to because she no longer plans to go to the Army. She is claiming that I forged the documents (I guess because I am a notary and have knowledge of divorce paperwork, ect. I am not really sure why she is claiming this other than trying to overturn the judgment via fraud.) Can she charge me with forgery or fraud? This is all of my involvement in this divorce. I did not draft the paperwork nor do I know what it said when she signed it. All I know is what it said when I filed it. Also, what is the likelihood that the judgment would be set aside? I mean aren't settlement agreements binding regardless if you change your mind later? If they are not, then what is the point of them if people can say oh I changed my mind set aside the judgment. Thanks for any help!

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Accused of Forgery

    It's easy to threaten you with things. She has to convince either the police or at least a judge (this is Georgia, a citizen can get a warrant hearing here) that there is probable cause that a crime has been committed. It would be best if you were not the notary involved.

  3. #3

    Default Re: Accused of Forgery

    No I am not the notary involved on either party. I am just simply a notary. She took the papers read over them, probably kept them nearly a month before she went to a notary of her choosing and signed them. She then gave papers to my boyfriend and he went to a completely separate notary and signed them and had his signature notarized. Thank you for your help though. I just have a career and reputation and I didn't commit anything.

    By the way what all does a warrant hearing entail?

  4. #4
    Join Date
    Sep 2011
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    Default Re: Accused of Forgery

    I would abstain from any questions regarding preparation of the documents, if you prepared them. This could potentially result in charges of practicing without a license.

  5. #5
    Join Date
    Sep 2010
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    19,901

    Default Re: Accused of Forgery

    She files a the application (and pays the fee) and you're notified. If you are indigent you can request counsel (she can not). You're free to be represented by private counsel anyhow.
    The warrant hearing is somewhat informal. You both can make your statements as to why you think (or don't think) that there is probable cause. The judge will generally make inquiries into the details when one or both of the parties are pro se.

    If the application is approved, you get arrested. The DA then picks up the ball on the criminal charges. If it's not approved, you go your separate ways.
    The settlement agreement is binding and only the initiating spouse is required to file it. Did she waive appearance at the final hearing? Why wasn't she there?

  6. #6
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Accused of Forgery

    The question was double-posted. The divorce stuff is already being discussed in the other thread.

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