help!!!! question about a contract

[freya]

about four years ago i was introduced to a company that makes commercials by my uncle. after some discussions over the phone it was agreed that i would send in 1/4 of the total cost, after some work was done i would send in another 1/4. well after the first payment was sent i never heard from them again until they came to me for more money. after that i became concered that this company wasn't what was best for me so i told them that i was cancelling my business with them and since no work was done i would like my first payment returned. After no response for months from them I stopped my effort to collect my money. Four years later i tried again and this time they said not only will they not give me the money back they want the rest of the money owed to them ( the other 3 payments). they have a contact signed my my uncle... that i wasn't aware of. he was/is not an officer of the company nor did he have permission to sign a contract. what can I do?????

[This message has been edited by freya (edited October 23, 2000).]

 

[JETX]

You really have two issues here:
1) The 'contract', if signed by an unauthorized person, is not binding. You might need to file an affidavit confirming that the uncle did not have the authority to enter into contracts on behalf of the company, but that should be pretty simple.

2) To recover the payment made...
Since you didn't follow the directions (see the red text at the top... WHERE ARE YOU???) and you didn't provide any specific contract or payment dates, we cannot determine the SOL for your situation. In any case, it is probably expired and that would prevent you from taking any action of recovery.

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Steve Halket
Judgment Recovery of Houston
[email protected]
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This is my PERSONAL OPINION and is not legal advice! Consult your local attorney for your specific situation and laws!