What to Do If a Promissory Note Contains a Forged Signature?

Türeli&Ceylan Law Firm – Legal Remedies for Forged Commercial Documents

Promissory notes, which are widely used in commercial transactions, are official instruments evidencing a debt relationship based on mutual trust. However, in some cases, malicious individuals may attempt to create fraudulent obligations by issuing promissory notes bearing forged signatures—exposing unsuspecting parties to serious legal consequences.

So what should you do if you believe the signature on a promissory note is not yours? This article outlines the legal steps you can take when facing allegations involving a forged signature on a negotiable instrument.

The Legal Weight of a Signature on a Promissory Note

Under Turkish Commercial Code (TCC) and Enforcement and Bankruptcy Law (EBL), a promissory note is considered a negotiable instrument that represents an acknowledgment of debt. The presence of a valid signature is the most essential element for a promissory note to be enforceable.

• TCC Article 776: A promissory note must bear the signature of the issuer.
• TCC Article 778: A note lacking a valid signature does not qualify as a negotiable instrument.

Thus, if the signature is forged, the note is invalid. However, this must be proven through legal proceedings.

What Should You Do If the Signature Is Forged?

1. If Enforcement Proceedings Have Been Initiated, Act Immediately

If a debt collection process (cambial enforcement) has been initiated based on the note, and you’ve received a payment order:

• You must object to the signature within 5 days of receiving the payment order.
• Your objection must clearly state that the signature does not belong to you.

EBL Article 168/3: If the debtor objects to the signature, the enforcement court will review only the authenticity of the signature.

⚠️ Failure to object within the legal timeframe results in the note becoming legally enforceable, allowing further steps such as seizure of assets or wage garnishment.

2. How Is the Forged Signature Proven?

The enforcement court refers the matter to a handwriting expert. The expert will:

• Compare the questioned signature with your official specimen signatures
• Use population registry records, notarized documents, bank signature cards, etc.

If the expert concludes that the signature does not belong to you:

• The enforcement action is canceled
• The instrument loses its legal status as a promissory note
• You are no longer liable for the debt

You May Also File a Criminal Complaint

If a forged signature has been used to issue a promissory note, the perpetrator may be prosecuted under Turkish Penal Code Article 204, which criminalizes forgery of official documents.

• Penalty: 2 to 5 years of imprisonment

You may file a criminal complaint with the Public Prosecutor’s Office alongside the civil enforcement process.

Important Points to Consider

• The objection period is strict; missing the deadline may lead to enforceability.
• The objection petition should be drafted by a legal professional.
• You should provide all relevant documents and past signature samples to your attorney.

How Türeli&Ceylan Law Firm Can Assist You

Cases involving forged signatures on promissory notes require meticulous legal attention under both civil enforcement and criminal law. We provide comprehensive legal support, including:

• Drafting and filing the signature objection petition
• Legal representation before the enforcement court
• Contesting or requesting reassessment of expert reports
• Filing criminal complaints against the perpetrators
• Initiating declaratory lawsuits to invalidate the note

If a promissory note bears a signature that was placed without your knowledge or consent, it is crucial to take immediate legal action. Otherwise, you may unjustly find yourself liable for a debt based on a forged document.

At Türeli&Ceylan Law Firm, our experienced legal team is ready to protect your rights in all disputes arising from negotiable instruments. Contact us today to ensure your case is handled securely and effectively.