can i change my mind after i sign?

What is the name of your state? ohio
6 months ago my ex-room mate wanted me to sign a piece of hand written paper saying i owed her money. In an effort to be done with the situation I signed it. BUT less than a minute later aftermore consideration, I decided to scribble out my name. She is now suing me, and says she is going to win because i signed the paper even though I scractched out my signature and it isn't legible anymore. No copies of the paper were even made. the only paper she has is the original with my name obviously scratched out. Is there any reason why that would still be legally binding despite the inability to make out the signature?

puddinpie003 said:

What is the name of your state? ohio
6 months ago my ex-room mate wanted me to sign a piece of hand written paper saying i owed her money. In an effort to be done with the situation I signed it. BUT less than a minute later aftermore consideration, I decided to scribble out my name. She is now suing me, and says she is going to win because i signed the paper even though I scractched out my signature and it isn't legible anymore. No copies of the paper were even made. the only paper she has is the original with my name obviously scratched out. Is there any reason why that would still be legally binding despite the inability to make out the signature?

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Q: Is there any reason why that would still be legally binding despite the inability to make out the signature?

A: Yes, because you signed it. Whether it is enforceable or whether she will win or you will win will be decided in court.

Why did you allegedly owe her money?

Just because I sign something that says "I, badapple, owe seniorjudge $25,000,000" does not make it enforceable or allow him to sue/collect on it.

It is arguably a party admission though, if she has some other theory as to why you owe money (e.g. a loan, contract, etc.).

If this was just out of the blue, she will not prevail. A contract requires mutual consideration. And a gift of money requires that the actual goods be turned over unless it is impossible or impracticable to do so.

More to the point, to the extent her paper could be considered an offer, it was obviously revoked before she acted upon it, demanded payment, or detrimentally relied upon it.

That said, if there was some dispute over you owing her money (say for utilities, for rent, for breaking her property), your paper will constitute a party admission. You can indicate to the judge that you immediately changed you mind after thinking about it -- but it is an admission nonetheless, which invariably the judge will weigh in determining who is telling the truth and who is not.

The items she says i owe her for are; the deposit for the apartment ( she's still living in , and i was not on the lease) and my dog she got me for my birthday ( i have 2 witnesses to that fact) and now she's adding things to it, like a tear in the carpet she's claiming my dog made, that wasnt even there when i moved out. (she has a cat that is not declawed )

puddinpie003 said:

The items she says i owe her for are; the deposit for the apartment ( she's still living in , and i was not on the lease) and my dog she got me for my birthday ( i have 2 witnesses to that fact) and now she's adding things to it, like a tear in the carpet she's claiming my dog made, that wasnt even there when i moved out. (she has a cat that is not declawed )

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What, exactly, did the paper you signed state?

what it stated

it said that i would pay her for my half of the deposit, and for the dog and then she wrote prices next to each. i dont think that i should pay for half the deposit, especially since she's still living there, i mean , wouldnt that be like me paying for any damage she may do to the apartment before she moves out? and about the dog, i have 2 witnesses that were standing in the room over a year ago, that heard her say the dog was a birthday present

As you've been told, the Court is going to weigh your testimony and such evidence as there is.

But you imply that you're no longer living there (ex-roommate). It would seem logical to think that, even if it were determined that you agreed to half the deposit, you were entitled to the return when you left (less damage beyond reasonable wear and tear). From the facts posted, one would think that, in the worst case, you'd be entitled to a reduction in those claimed damages.

As to the dog, your witnesses should help, and the Court may find it a bit implausible that you asked your roommate to purchase your dog for you

Its not an enforceable contract -- but it could be used as evidence to show that these things weren't gifts, but were loans. Its your word versus hers, but she's got something you admitted to -- at least for a brief time.

thank you all so much! i am not as stressed any more! your advice has helped me ssoo much , please if you think of anything else be sure to post it!!

badapple40 said:

Its not an enforceable contract -- but it could be used as evidence to show that these things weren't gifts, but were loans. Its your word versus hers, but she's got something you admitted to -- at least for a brief time.

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Where's my $25K?

hey everyone i just wanted to tell you, i havent received any court papers yet, maybe she realized what it took me so long to do myself... she may not have as strong a case as she thought originally . thanks again