Consumer Law, Warranties Vendor Contract

[Partsman41953]

I owned a healthcare company in Florida in 2004-2005. I was leasing my phone equipment and was making monthly payments. In June of 2005 my company went out of business and I contacted the company that sold me the equipment and was told that I signed the contract and personally guaranteed the payments but he would see if he could do anything for me. He instructed me to send the equipment back, worth $4,500, and that he would contact the leasing company. I moved to Suth Carolina in August of 2005 and did not hear anything from wither company. In April of 2006 I was issued a supena stating that since I breached my contract that I would owe the balance of the contract immediately. After talking with the lawyer and telling him that I was unemployed and filing for disability, we worked out a payment plan. I did not sign his legal paperwork because he wants me to sign both personally and as the President for a company that does not exist.

A year has gone by and now he is pressuring me to sign his paperwork or he is going to accelerate the contract. I asked him if he could get in contact with his client to see if they would settle for what I have already paid plus the equipment which is more than the initial contract. Today he has told me that he has not been able to get in contact with his client, sign the contract, and he would contact them next week. He also said that if the contract was not signed it would be thrown out of court, the other reason he is pressuring me.

My questions are, I know I signed the original contract and I have been making my monthly payments but if I sign the lawyers legal paperwork I do not have any chance of his client accepting a smaller amount and is it legal for me to sign for a company that no longer exists?

I would appreciate any advise.

Glenn

 

[seniorjudge]

I can't see where you would be in any worse position if you signed as the president of a defunct company.

 

[Partsman41953]

But what about signing and then having the lawyer get back to his client to see if he will settle for what I have already paid. If I sign the contract now am I not telling him that I am willing to settle on what is in the contract and not what has already been paid.

Glenn

 

[seniorjudge]

But what about signing and then having the lawyer get back to his client to see if he will settle for what I have already paid. If I sign the contract now am I not telling him that I am willing to settle on what is in the contract and not what has already been paid.

Glenn

I can't tell you how you need to negotiate this.

All I can tell you is that money talks.

So get some dough together and start negotiating.