In a civil action for a dishonored instrument, when there is an issue regarding the genuineness of the signature of the instrument, the mode and degree of proof required to establish genuineness of handwriting may be an essential part of the action. In an action with respect to the authenticity of an instrument or the authority to make it, each signature on the instrument is admitted unless specifically denied in the pleadings. This statutory provision requiring a specific denial of the pleadings allows the plaintiff to have notice of the defendant's defense of lack of authority or forgery as to the particular signature plaintiff. Additionally, the plaintiff will have an opportunity to investigate and obtain evidence in response.

A West Palm Beach collections lawyer will inform a plaintiff that if the validity of a signature is denied in the pleadings, the burden of establishing the validity is on the person claiming validity, but the signature is presumed to be authentic and authorized, unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of the trial. The presumption is based upon the fact that generally forged or unauthorized signatures are very uncommon, and normally any evidence is within the control of, or more accessible to, the defendant. Therefore, the defendant is required to introduce evidence, but the defendant's evidence need not be sufficient to require a directed verdict, it only needs to be sufficient to support the denial by permitting a finding in the defendant's favor.

A cause of action for collecting a worthless check, draft or order of payment may have many complex issues. Therefore, you should consult with an experienced West Palm Beach collections lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.