interroragotories to ask in civil fraud case?
Being sued for contract dispute in wagon trail resort campgrounds where I was pressed into signing a contract by misrepresentation of winning a car, then was hard pressed by sales person into signing a campground contract that I never used nor changed my mind about three days after signing it. I feel that the campground did a bait and switch and now am trying to defend myself against their attorney’s who are saying that I owe over $6,000.00 for something that I never used nor agreed to purchase, but nevertheless I signed the contract after being pressed into it. What are my options here besides defending myself as best I can
If you signed the contract upon the misrepresentation of winning an automobile (when in reality there was no chance at all you could have won), then the resort would be guilty of obtaining a signature under false pretenses, and the contract would be void.
Being “hard pressed” into signing a contract is not a real defense. By the nature of democratic government, adult humans must be assumed to be intelligent adults, in control of themselves and responsible for their own actions. Unless the sales agent coerced you into signing the contract under actual threat of violence, then the contract is binding.
Determining whether or not there was a misrepresentation could require a bit of investigation, and it might get complicated.
I must urge you again to hire a lawyer. I am all in favor of people learning the law, but when you are being sued is not the time to learn. The type of questions you are asking indicate that you do not understand enough about legal procedure to defend yourself adequately. The case could get away from you, and you could end up owing more money. Get a lawyer.
One important thing: When you hire a lawyer, you must ask them whether they think you are responsible, and whether they believe the case can be won. If you just walk into a lawyer’s office and say “defend me against these charges”, then they will do their best, even if they know you will lose. Be sure to get their opinion about whether the you can win the case. If they say that winning the case is impossible, then you should instruct your lawyer to settle and cut your losses.
Living Water’s Development Fall 2010 BY www.southeastmarinamarket.com