Q: I am being sued for $7,500. There is a contract attached to the lawsuit that says I agreed to pay that sum related to a vacation, but it is not my signature. I simply did not sign the agreement, and told the agent we decided not to go. How do I prove this is a bogus signature?
J.P., El Segundo
A: The party bringing the lawsuit has the initial burden of proof. He or she has to show: (a) a contract was entered into, (b) supported by consideration, (c) he or she performed or was excused from performing, (d) you breached, and (d) damages arose.
I presume you already have informed the party that is not your signature, and that it is a forgery. If nonetheless you have to answer the lawsuit, you can raise the forgery as one of your affirmative defenses. The authenticity of the signature