Full question:
In 2005 I signed a divorce agreement in which I agreed to pay my ex wife (of 9 months) $13,500. At the time I, I had been receiving treatment for a broken neck and intra-cranial injury. My physical injuries as well as the resulting cognitive injuries are well documented by a host of treatments including electro convulsive therapy. I am currently and at the time of the divorce 100% disabled and my only income is social security. I signed the agreement in an effort to 'put the issue behind me'. Recently my ex-wife is attempting to serve me with papers in Arizona where the divorce took place. I currently live in Michigan where my sister is helping me with my life. I need to know what if anything the judge might do if I don't appear. I believe I signed the agreement without fully understanding what I was agreeing to. I am also wondering if I did not have the contractual capacity to sign, if there is anything I can do to have the agreement voided. I simply do not have the money to pay the judgement. It is now 2011 and I thought this issue was behind me. I am also a Vet and wonder if there might be legal help for me. Thank you.
- Category: Civil Actions
- Subcategory: Default Judgment
- Date:
- State: Arizona
Answer:
A "default judgment" may be rendered against a party if it is the result of a party's failure to take a necessary step in the action within the proper time; this generally means a failure to plead or otherwise defend within the time allowed. This means the relief requested by the opposing party will be granted automatically if you fail to appear.
Courts have held that a party may rescind a contract for fraud, incapacity, duress, undue influence, material breach in performance of a promise, or mistake, among other grounds. An agreement made under duress may be set aside if the duress took the free will away of the person seeking to avoid the contract. In a duress situation, a party enters a contract to avoid a threatened danger. This threat may be a threat of physical harm to person or to the property of someone (physical duress) or it may be a threat of financial loss (economic duress).
It is possible to rescind a contract based on mistake. Mistake covers a broad set of situations, and courts often distinguish between unilateral mistake and mutual mistake. A unilateral mistake is an incorrect belief of one party that is not shared by the other party. A mutual mistake is an incorrect belief shared by both parties. Courts have traditionally held that mutual mistakes are more likely than unilateral mistakes to make a contract voidable.
Where only one of the parties is mistaken about facts relating to the contract, the mistake will not prevent formation of a contract unless the nonmistaken party is or should have been aware of the mistake made by the other party.
A person makes a contract under duress when there is violence or the threat of violence to the extent that the person is deprived of his free will and makes the contract to avoid harm. The threatened harm may be directed at a relative of the contracting party as well as against the contracting party. If a contract is made under duress, the agreement may be rescinded or declared null and void.
Please see the information at the following link:
http://www.michiganlegalaid.org/
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
