In a civil action for collection of a worthless check, draft, or order of payment the signature of an obligor is key to whether or not an individual is held liable on an instrument. A person will not be held liable on an instrument unless:

• The person signed it; and
  
  The person is represented by an agent or representative who signed the instrument and the signature is binding on the person represented.

  However, it is not necessary that the name of the obligor appear on the instrument, as long as there is a signature that binds them. However, traveler's checks, by virtue of the form in which they are issued, require both a signature and a countersignature by the purchaser. Although a signature is generally made manually, it may also be made by means of a device or machine. Additionally, a signature is considered valid if the obligor uses any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing. A West Palm Beach collections lawyer will inform a plaintiff that in the course of litigation, parol evidence may be admissible to identify the signature, and once the signer is identified, the signature is effective.

  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.