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I am being sued by Cavalry for old Capital One Debt. I have a signed affidavit by Stephanie Cappelli  notarized by Dawn Fanning. I am trying to see if anyone has a copy of of Stephanie Cappelli's signature. Her print is half cursive and does not remotely resemble signature. I also saw other post where people had questions about her signature but cannot find a copy of it.

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@hannah028 if you're unable to find one, contact the Secy of State where both are probably registered as notaries for a copy of the application and other paperwork filed to see signature history. Fair amount of google hits for court filings, so getting the affidavits filed there would be another source.

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Cappelli isn't registered as a notary so you'll have to keep looking elsewhere for a signature but Fanning is. You should be able to find her signature on file with the county clerk. See the mention of clerk authenticating notary signatures for use out of state. http://www.dos.ny.gov/licensing/lawbooks/notary.pdf

Georgia posters pop in regularly if you want to post your case detail. Magistrate court?

@NormInGeorgia had a good catch of the evidence code. Even in Magistrate Court where they say the civil practice act doesn't apply the evidence code is not excluded. Besides Cappelli not having personal knowledge of Cap 1's records where is the notification they were going to use it might help since there are plenty of stories of JDB attys playing trial by ambush.

A party intending to offer a record into evidence under this paragraph shall provide written notice of such intention to all adverse parties and shall make the record and declaration available for inspection sufficiently in advance of their offer into evidence to provide an adverse party with a fair opportunity to challenge such record and declaration

http://law.justia.com/codes/georgia/2015/title-24/chapter-9/article-1/section-24-9-902/

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That would be interesting if it turns out the notary signature maintained by Westchester County does not match the signature on the affidavit.  I do not have information about Dawn Fanning.   In the meantime, it would be good for you to post a summary of your case as mentioned in the link above.  (Qs to answer when posting in this forum) .  That way lots of eyes can see it.   You might uncover some shady activities by pursuing the notary signature, but I would imagine the likelihood is very low and I would instead look at the case in total  to consider what your best lines of defense would be.

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1 minute ago, NormInGeorgia said:

That would be interesting if it turns out the notary signature maintained by Westchester County does not match the signature on the affidavit.  I do not have information about Dawn Fanning.   In the meantime, it would be good for you to post a summary of your case as mentioned in the link above.  (Qs to answer when posting in this forum) .  That way lots of eyes can see it.   You might uncover some shady activities by pursuing the notary signature, but I would imagine the likelihood is very low and I would instead look at the case in total  to consider what your best lines of defense would be.

If you compared my signature today to the signature on file with the secretary of state, I promise you they would not match.   When I was a baby lawyer I carefully signed everything because I wanted to look impressive.   As cases build up and you have to sign 75 documents in a day instead of 10, I promise you the signature changes.

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Norm is on the right track, IMHO.  It's important to look at everything that you can when researching for your case, but I would not spend a whole lot of time on something like this, unless you have knowledge that you know it's been forged.  I am not an attorney, but I have seen people in court bring forged signatures to the court's attention.  Sometimes, the court has ignored it. 

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On 9/6/2016 at 8:10 AM, hannah028 said:

I am being sued by Cavalry for old Capital One Debt. I have a signed affidavit by Stephanie Cappelli  notarized by Dawn Fanning. I am trying to see if anyone has a copy of of Stephanie Cappelli's signature. Her print is half cursive and does not remotely resemble signature. I also saw other post where people had questions about her signature but cannot find a copy of it.

What year was the account opened? 

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