Signing Under Duress

[cbg]

I think that by staying in the frat you pretty much killed the defense you are determined to make.

You are free to ignore our advice and see if you can convince a judge. I do not have very much hope that you will succeed, but it is your right to try.

[jk]

I think that by staying in the frat you pretty much killed the defense you are determined to make.
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exactly. He affirmed the contract by action. If he did not want to abide by the contract, then he needed to leave the frat and not run up anymore debt with the frat.

the payments also confirm your belief the contract was valid.

and this statement killed any chance of attempting to invalidate the contract:

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I fully intended to stay in the fraternity. I intended to pay dues.

fine, you have achieved 1/2 of that expressed intention. All they are asking is you to complete the rest of it.

By stating it was a formality, they were implying that they, of course, would never ruin our lives for inability to pay the debt.

no they didn't. They said if you want to be in the frat, you have to sign the contract. Since you signed the contract and you benefited from the frat, you now owe what you agreed to pay. Of course, if you have a contract saying you would not have to pay or were allowed reduced dues, by all means, bring that but until then, this contract stands.

[letmebe]

So I have no shot? Fine. Understood. Still, I cannot afford to pay. The collection agency refuses partial payment. Now what?

South Carolina does not allow for wage garnishment. So, what is the judge going to do? Just order me to pay? If I can't, am I arrested?

[cbg]

No, you don't get arrested. But you get garnishments attached to future earnings, liens on anything you happen to own, things like that.

[jk]

I cannot pay today, I won't be able to pay tomorrow, and even if a judge writes an order requiring me to pay (which will also include attorney's fees), I will still be unable to pay. Where am I supposed to get this money?

well, in South Carolina, a judgment is valid for 10 years. I do not know if it is renewable. Some states allow renewal of a judgement. The statutory interest rate is 12%.

So, that means they have at least 10 years to try to collect on the judgment and it will be reported on your credit report for that 10 years as well.

[letmebe]

So my life is ruined? Goodbye mortgage. Goodbye good job. Goodbye credit cards, loans, etc. All because I am unable to pay fraternity dues? Great.

Thanks for all your input. I wish that there was something that I could do, but I simply cannot. I will follow up with everyone and let you know how bad it really got. Thanks again.

[jk]

well, nobody said there is nothing you can do. If they have not filed a suit yet, pleading and offering to do something (and following through) might get them to not file suit. It would be a shame to damage your credit for this relatively small debt. I would suggest finding a second job, or third if that is what it takes, or borrowing from friends and/or family. Heck, you said you had frat brothers willing to testify. If you have 15 friends or family, that is $100 each and you are good to go with the frat.

While $1500 isn't going out to eat money, it isn't buying a car money either. Working minimum wage would take about 300 hours to earn it. At 10 hours a week, that is 7 1/2 months.

[cbg]

Oh, for the love of pete, in the words of our beloved Missy, park the drama llama out back. I hate violins.

Look, I'm not into kicking people when they're down, but the fact remains that you wouldn't be in this fix if you hadn't tried to reneg on a debt. You signed the agreement, you accepted the benefits, and then when the bill came due, you claim duress. Just doesn't fly, pal. Just doesn't fly.

[cyjeff]

So my life is ruined? Goodbye mortgage. Goodbye good job. Goodbye credit cards, loans, etc. All because I am unable to pay fraternity dues? Great.

Yup, and, in a way, that is a blessing for all your future creditors.

After all, this does show why you shouldn't be granted any more debt, doesn't it.

Thanks for all your input. I wish that there was something that I could do, but I simply cannot. I will follow up with everyone and let you know how bad it really got. Thanks again.

please, don't.

[letmebe]

Sorry. Thanks for advice.