Destruction of property contract

[southwest7]

What is the name of your state (only U.S. law)? New Mexico

What is the name of your state (only U.S. law)? New Mexico

I recently had my truck keyed by a disgruntled X-partner. She finally agreed to accept responsibility for the damages, and I drafted a handwritten contract which essentially stated that she acknowledged financial responsibility for the damages, and what amount she would pay and how often until the total sum of $2,800 in repair damages was met and that failure to do so would result in breach of contract.

Later she refused to reimburse me for damages and I took her to court upon which the judge reviewed the contract and told me it was not a binding contract. My last resort is to have the police officer come back to court on the reset date to testify what she told him, which is that she didn't do it, but her friend who she mentioned our failed relationship to, did it.

Why is my contract not binding and why is the judge refusing to accept that as evidence that she was involved in the damage? Additionally, she claimed in her response that she was "under duress" when she signed the agreement.

thanks

 

[HomeGuru]

What is the name of your state (only U.S. law)? New Mexico

What is the name of your state (only U.S. law)? New Mexico

I recently had my truck keyed by a disgruntled X-partner. She finally agreed to accept responsibility for the damages, and I drafted a handwritten contract which essentially stated that she acknowledged financial responsibility for the damages, and what amount she would pay and how often until the total sum of $2,800 in repair damages was met and that failure to do so would result in breach of contract.

Later she refused to reimburse me for damages and I took her to court upon which the judge reviewed the contract and told me it was not a binding contract. My last resort is to have the police officer come back to court on the reset date to testify what she told him, which is that she didn't do it, but her friend who she mentioned our failed relationship to, did it.

Why is my contract not binding and why is the judge refusing to accept that as evidence that she was involved in the damage? Additionally, she claimed in her response that she was "under duress" when she signed the agreement.

thanks

**A: don't know. Why did you not ask the judge to explain at the time?

 

[southwest7]

**A: don't know. Why did you not ask the judge to explain at the time?

In response to my "Destruction of property contract" post, I didn't really bother to ask because when I told him I'd like to ask questions, he allowed me to however stating that he was most likely not going to answer any questions. He was somewhat snide and condescending the whole time I stood before him for no apparent reason.

We have a reset date perhaps I can ask him then but his attitude is such that I'm concerned he'd dismiss the case just because he feels like it.

 

[tranquility]

The contract was not binding because there was no consideration. Many cases do not allow a person predicate consideration to go to the police or not as consideration for a contract and some consider such a threat extortion.

What I can't understand is why you couldn't just have also claimed trespass to chattel as a cause of action and used the "contract" as evidence the ex did it.

 

[southwest7]

After reading around I discovered exactly that, there was no consideration. However I was not familiar with "trespass to chattel as a cause of action". Since it is after the fact and we have a reset date do you think I can use that contract as proof under the description you gave? Thanks

The contract was not binding because there was no consideration. Many cases do not allow a person predicate consideration to go to the police or not as consideration for a contract and some consider such a threat extortion.

What I can't understand is why you couldn't just have also claimed trespass to chattel as a cause of action and used the "contract" as evidence the ex did it.

 

[tranquility]

You have to get permission to amend your complaint to include the cause of action of trespass to chattel. If allowed, use the written paper as evidence of the person's responsibility along with any other evidence. Then the other party will have to provide her own evidence to overcome the preponderance of evidence.