contract ammended under economic diress

[rabbittini]

My husband and I sold our mobile home to a man in order to get 1500 dollars for an apartment. I agreed to repay 750 of a 1500 dollar payment at income tax time to sweeten the deal in order to get into the apartment. I signed a contract stating that I would repay the 750 but later he amended it after he had me by the G-NADS.
The paper work in question was entered into in good will, until the
plainiff broke the verbal agreement wich he would make sure the bank had
no leans on the property and when he was sure there wasnt, he would hand me
$1500 cash. Instead, he got the title went to the dmv put the trailor in his
name and payed the back tags for a total of $350 and then he told me, that
he would only give me $1150 and that I would be resposible for these fee's when
the mobile home had never even been in my name. By this time he had already
put the trailor in his name and hadn't given me any money.

So I was without my trailor and had no money to get into an apartment
wich was what the agreement was all about. So I my husband and my 3
year old son were virtually homeless. So in order to get the amount
of $1500 wich was on the original agreement, I signed under economic duress
the ammended paper work adding the $350 dollars he had spent putting the
mobile home in his name.

He came to My apartment and I told him I would be happy to pay the original
amount we agreed on of $750 at income tax time but not the amount he payed to
put the mobile home in his name and he would have to sue me for the $350 if he
wanted it. Then he said no I'm not going to sue you, you are going to lose your
kid. He then threatened to punch me in the face if I didnt shutup as I was trying
to explain to him that the $350 ammount was aggreed to under economic distress.
When he was found out he couldnt have my child taken from me he filed this suit.

 

[tpajet]

OK, I'm lost. Who tried to take your kid? Some stranger you sold the trailer to? And you didn't call the poice then? And, who were you paying the $750 to??

And, you turned over the title and the trailer BEFORE you got the money??? :no:

At this point let him take you to court. In the mean time you need to countersuit. It needs to be for the fact that he hasn't paid you at all. Also that he physically threatened you.

 

[rabbittini]

He ended up giving me the 1500 for the apartment, but only after I agreed to sign an ammended contract thats stated I would pay the 350 back to him that he payed for the title transfer.

He said he was gonna contact child protective services, I guess to make up something that would have my kid taken away, And when that didnt work he filed the suit.
Yes I did give him the title to go to the dmv to check for leans. He said if there arent any leans against it he would hand me 1500 dollars and that was it. But instead he went and put it in his name and payed the tags up, and said I would be responsible for them tags like i said at this point I realized I was gonna be screwed unless I agreed to anything he asked in order to get the money to get the apartment.
When he came to collect the 350 i told him that I only agreed to that under duress because if I didnt I would be virtually homeless with nothing. THis is when he threatened to call child services on me and punch me in the face if I didnt shutup.
Like I said I agreed to pay him back 750 of the 1500 when I got my income tax check. BUt he added the 350 to the contract after the fact and after the title was in his name. And by the way on the written agreement his last name never appears except his signature. The agreement was not noterized.
By the way thank you for your time

 

[dee_dub]

I understand you're being sued for $350 under an agreement that originally called for tthe plaintiff to pay you $1500 for your trailer, and that you claim you only agreed to pay the $350 under duress. Is that correct?

The rest of the details are very confusing. If you do end up going to court, I suggest you focus on getting this story out as clearly and succinctly as possible. If a judge is confused, they'll just blow off your story. You might want to try it again here as it will help you obtain better advice.

I was without my trailor and had no money to get into an apartment
wich was what the agreement was all about. So I my husband and my 3
year old son were virtually homeless. So in order to get the amount
of $1500 wich was on the original agreement, I signed under economic duress
the ammended paper work adding the $350 dollars he had spent putting the
mobile home in his name.

I only agreed to that under duress because if I didnt I would be virtually homeless with nothing.

Did you receive anything in exchange for signing this agreement? Or did you just sign it? And what exactly does it say? A binding agreement usually requires what is called "consideration" - some sort of exchange of value. Otherwise it's just a promise, and the courts won't enforce it. If you didn't get anything out of this agreement to repay him $350, then you might be able to argue it's just an empty promise.

 

[rabbittini]

He did end up giving me the 1500 in exchange for the mobile home. but only after I agreed to pay back the 350 he payed to put it in his name. I only agreed to pay the 350 back because at this point He had the trailor in his name and hadnt given me a penny yet and My family would have been withour the trailor and no money to get into the apartment. It looked to me like he was manuevering himself to completely rip me off. SO i went ahead and signed the ammeded contract saying I would pay back the 350.

 

[rabbittini]

Thank you I will do that

 

[tpajet]

Yes I did give him the title to go to the dmv to check for leans. He said if there arent any leans against it he would hand me 1500 dollars and that was it.

He just sold you a BS story. You don't check for liens by taking the title to the DMV. If there was a lien, then you would not have the title to give him. If you have a loan against it, you have to turn the title over to the lender first. Same thing when you first buy any vehicle. The title goes directly from the state to the bank.

 

[tpajet]

Actually, let's stop for a moment, since all of this is sinking in.

I'm still confused on something here.

If I read this right, he bought the trailer for $1500, but you are agreeing to paying him back $750 later??? If you are selling it to him, why are you going to give him money back later?