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  1. #1
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Signing Under Duress

    As a matter of fact, I even remember the treasurer telling all of us that our signature on this paper was just a formality.
    he didn't lie. Signing a contract is a formality; a formality that allows the contract to be binding.

    They were always friendly with us about helping us out if we cannot afford our dues - I mean, it's a fraternity, not a business deal
    I can just about assure you it is a business deal. I would imagine there is an XYZ fraternity inc. that is a business that is the frat.

    .Now I am faced with a possible judgment if I don't come up with $1500. I'm glad some of you see this as a small debt, but when you have $45,00 in student loan debt and barely make any money, then maybe you would understand why this is so devastating to me.
    In the overall scheme of life, it is a small debt. If you doubt it, compare it to the $45k you owe for school. Small in comparison?

    I don't care what you say either, but if you had been blindfolded for hours on end and treated like scum, I highly doubt you would contest the signing of a document at the time it was signed.
    I already addressed this. If you had dropped from the frat or argued against the contract then, you would be a lot more believable. You continued to be a member of the frat and you even state you made some payments towards the debt. If you wanted to attempt to invalidate the contract, you would not have done either of those actions.

    Any help or further feedback of course would be much appreciated.
    Your fantasy world is in reference to the methods you suggest in trying to escape this debt. You need to quit watching so much television and believing that is how the real world works. It's not.

    Sorry, if I saw something that I though was a viable defense, I would say so. I simply do not see any valid defense to their claim.

  2. #2
    Join Date
    Jul 2010
    Posts
    10

    Default Re: Signing Under Duress

    I don't think you understand what I'm trying to say. I never intended to enter into a legally binding contract with them. You honestly don't think a judge would negate the contract knowing what conditions it was signed under? I didn't sign while sitting at a desk. I signed with a ripped shirt, stains of blood and sweat covering my body, and incredibly exhausted from what I would consider torture, seriously. I fully intended to stay in the fraternity. I intended to pay dues. I did not want to be legally bound to pay the dues since I knew there was no way on God's green earth that I could come up with $600 each semester while trying to pay for the other expenses of college. I wanted to be in the fraternity. I wanted to pay my dues to the best of my ability. I knew from day one that it would be totally impossible for me to pay the entirety of my dues, so did the officers. By stating it was a formality, they were implying that they, of course, would never ruin our lives for inability to pay the debt. They have since rescinded their stance and I am facing a lawsuit. 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? I need to fight this and need help. What can I do? I am about to have my financial future ruined over the, as you say, small debt of just $1500. Please help.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Signing Under Duress

    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.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Signing Under Duress

    Quote Quoting cbg
    View Post
    I think that by staying in the frat you pretty much killed the defense you are determined to make.
    .
    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:

    .
    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.

  5. #5
    Join Date
    Jul 2010
    Posts
    10

    Default Re: Signing Under Duress

    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?

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Signing Under Duress

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

  7. #7
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Signing Under Duress

    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.

  8. #8
    Join Date
    Jul 2010
    Posts
    10

    Default Re: Signing Under Duress

    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.

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