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Is this contract valid?

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What is the name of your state? MN

I have a contract with a customer that's refusing to pay. When he signed the contract, it was nothing more than a scribble. When I looked at the signature I asked him "that's your signature?" and the guy said "Yeah, everybody askes me that." Now we're thinking about taking him to court. Will that contract stand up in court? The only reference to this guy is where I had to write his name and address on the top of the contract. Seems like this guy knows a lot of tricks and he's been getting away with scamming a lot of contractors.
 


HomeGuru

Senior Member
chartigani said:
What is the name of your state? MN

I have a contract with a customer that's refusing to pay. When he signed the contract, it was nothing more than a scribble. When I looked at the signature I asked him "that's your signature?" and the guy said "Yeah, everybody askes me that." Now we're thinking about taking him to court. Will that contract stand up in court? The only reference to this guy is where I had to write his name and address on the top of the contract. Seems like this guy knows a lot of tricks and he's been getting away with scamming a lot of contractors.

**A: a good attorney will prove that the contract is enforceable.
 

JETX

Senior Member
chartigani said:
Will that contract stand up in court?
The only way to answer your question is for us to read the ACTUAL contract. Please hold it up to the screen so that we can see it.

A little closer......

A little closer... damn, eyes are going bad!!

Just a little bit closer.......

Okay, that is fine.... now just hold it there a little longer.....
QUIT MOVING IT!!

Just a little more.....

Okay, now move it down a little so I can see the signature......

Just another second....

Okay!! Thanks. Yep, looks legit to me.
 

BelizeBreeze

Senior Member
Originally Posted by chartigani
Will that contract stand up in court?
And, of course, I have a contrary opinion. The ONLY way for this contract to stand up in court would be on it's own two legs, using a walker or with the aid of crutches.
 

HomeGuru

Senior Member
JETX said:
The only way to answer your question is for us to read the ACTUAL contract. Please hold it up to the screen so that we can see it.

A little closer......

A little closer... damn, eyes are going bad!!

Just a little bit closer.......

Okay, that is fine.... now just hold it there a little longer.....
QUIT MOVING IT!!

Just a little more.....

Okay, now move it down a little so I can see the signature......

Just another second....

Okay!! Thanks. Yep, looks legit to me.
**A: damn it you're good. What course did you take to be able to do that? And do they offer it online?
 

JETX

Senior Member
BelizeBreeze said:
And, of course, I have a contrary opinion. The ONLY way for this contract to stand up in court would be on it's own two legs, using a walker or with the aid of crutches.
Then you need to ask the original writer to hold the contract up so that YOU can read it. You will see that it includes a 'special provision' to take care of that.
 

BelizeBreeze

Senior Member
JETX said:
Then you need to ask the original writer to hold the contract up so that YOU can read it. You will see that it includes a 'special provision' to take care of that.
Ahhhh, I thought that was in the case of a 'holdup' ;)
 

Dandy Don

Senior Member
Do you have other documentation that would help prove your case? An invoice or correspondence or purchase order or other verification that he received your merchandise/services?

Take him to court to get your money back and check your county courthouse court records to see if he has committed this or other offenses in the past.
 
Dandy Don Thank you so much for your reply (you too homeguru).

I have invoices of material delivered to his property. He has one lein other than his mortgage from 1996 to a carpet installer and he also has a judgement against him from the carpet seller from 1996 that was never satisfied. The people who put in his driveway (PNL) 2 years ago still havent recieved their outstanding balance. They said they'd stand up in court with me, along with an industry rep and an engineer. But we were all talking and based on what's going on, they said he's just going to claim that it's not his signature and that will loose us the only possible contractual obligation. I am meeting with a lawyer, but the soonest I could get an appointment was next week. I'm just trying to make sure that there's even a reason to spend the money on a lawyer if I'm just going to end up loosing because of a technicallity. Plus, if I did win, how do I actually get the money from this jerk. Seems that even when he looses in court he still doesn't pay.

Think I stand a chance?
 

Dandy Don

Senior Member
Your lawyer can tell you how to collect from this deadbeat if you win a judgment. Does any part of the signature look anything like his first or his last name or is it just a completely illegible scrawl?

I think you have a great chance of winning since the preponderance of evidence shows that he received the materials. He is going to look like a fool in court if he uses a scribbly signature as his only defense and can't deny the other documented evidence.
 
No completely illegible.

It just reinforces the idea to me that this guy is a scammer and takes great pride in getting something for nothing. Like a hobby.

Sadly, supposedly he has like 8 degrees, one of them in law. Which means he probably knows more about loop-holes and technicalities that will probably cost us the case.

Thanks for your support, I appreciate it.
 

Dandy Don

Senior Member
Please don't give up without a fight. His knowledge of the law means nothing--he has no legal defense to stand on here.
 
The law doesn't typically side with sub-contractors. That's why we usually end up walking away without payment. But this time, I've had it.

Thanks! I'll let you know how it turns out.
 

Dandy Don

Senior Member
How much is owed to you?

If you go to small claims court you could probably defend this yourself, but of course, if you prefer to use an attorney that would be wise.
 
A little over $11,000. I'm trying to decide which avenue will be better. Small claims and hopefully win and get at least $7500. Of course he won't pay, so I'll have to send a collection agency after him and loose half of that...but at least it's something. Or civil and go for the agreed upon contract amount and try to recover lawyers fees and pain and suffering because the stress of this guy has taken at least 3 years off my life? {{{sigh}}}
 

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