If this contract was signed and it wasn’t a public notary that witnessed it, but it was recorded, can I enforce it ? What’s the cons and the pros of this (state CA)
http://i1382.photobucket.com/albums/ah254/Shahs20143/Mobile%20Uploads/image_zpsf511b668.jpg
Any help?
A contract is a contract, and the burden is on a party who wants to break the terms of the contract to prove that there is grounds to invalidate it. Ordinarily, the contract is held to be binding unless it can be demonstrated that a signature was forged, the contract was altered,it was signed under duress, one party was deficient in literacy on the language, or such similar contests. (IANAL, obviously. Better answers will ensue, but apparently not quicker ones…)
First, the burden is on the person seeking to enforce a contract to prove that a contract exists. Offer, acceptance, consideration, performance. If that prima facie case is made, then the other party may present any defenses they have.
Since the question is a real-life one, and opinions will be aa large part of the answers, we prefer to start these in IMHO rather than General Questions.
samclem, moderator
So there’s no possible way out of it right? Have you viewed how the contract was on the URL linked there?
If I were the manager of G F Food Mart Inc., I sure as hell wouldn’t waste any time or legal fees in going after a guy with that kind of handwriting. Even if his name is somewhere among those squiggles, I very much doubt he has got a penny to it.
There are a number of possible defenses to a contract action. You should consult a lawyer licensed in your jurisdiction to review your options.
It could be “void for vagueness” (if memory serves that is a term)
“Your honor, my client has faced an unconscionable and illegal interest rate that is usurious under the law by requiring him to pay $400 back for the rest of his life”
“It doesn’t say that - it is only until the 9k is paid back.”
“So you weren’t charging him any interest?”
“No.”
“Ok, then what is the consideration he was giving - how is this a contract?”
Not saying that is what would or could happen, but just throwing that out there to start things off.
The owner of the store was there but he didnt’t sign only the person that viewed this happening, (not a notary) and the person paying, but the person that’s supposed to get payed (the owner of the store) to didn’t sign, but they agreed verbally
Help?/: I need more information
You’ve asked for opinions on whether a specific document is enforceable as a contract under California law. You need to discuss the situation with a lawyer that practices in California, not random people on the internet.
Yes, there are too many questions. This appears to be a promise to pay an existing debt. So,mwasthe initial debt valid, and what were the origional repayment terms? If valid, was there consideration for the promise to pay $400 per month? I can think of a few other questions I’d want answers to, before a decent answer can be given. Even then, anyone who is qualified to offer an opinion would certainly refrain from doing so on a message board.
Just pay 400 a month till the balance of the 9k was over. But that’s the only written contract we did
Just pay 400 a month till the balance of the 9k was over. But that’s the only written contract we did, and it’s sloppy hand writing, looks like a 9 year olds
I thought it was already demonstrated that the contract “exists”, as a prima facie document, which shifts the burden to the other party to defend itself from the terms presented. Which might under the circumstances be very easy to do, but the first party has sertainly shown that a contract exists.
No, that written paper is the only contract that exist ?
The following is statement of general contract law and not advice about your situation in particular:
The contract is the agreement between you. The written contract is only evidence that the agreement existed. In legal terms it “memorializes” the agreement.
The fact that its sloppy and childish means nothing. Valid contracts have been scrawled on bar napkins by drunk people. That looks like the Declaration of Independence by comparison.
You thought wrong. A document exists. Whether that document qualifies as an enforceable contract is an open question at this point. OP needs to talk to a California lawyer.
That was unnecessary. My bad.
