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Is it ok to void a part of a contract after both parties have signed?

Asked over 2 years ago - San Francisco, CA

I wrote a contract with my ex for stuff he broke during a domestic violence incident. In lieu of a domestic violence suit, I told him to just pay me back for the damages and that if he didn't pay me back I'd take him to court both for the damages and the domestic violence. After receiving some crucial legal advice, I learned that adding the part to the contract about filing a domestic violence suit if he didn't pay is extortion and wouldn't look good on my part in court. Is it ok for me to just nullify that part of the contract after we've both signed it? Can I just get us both to agree to nullify that part or do we need to redo the contract all together?

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Also, do I even need a contract if I have evidence that he broke my stuff and owes me money for bills? Can we just nullify the contract all together and go to court about it? What is the easiest way to fix this?

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Attorney answers (2)

Kenneth Lewis Swenson

Reputation Level 15

Answered over 2 years ago. Litigation Lawyer in Yuba City, CA.

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If you are concerned about the contract you prepared and signed being evidence of the crime of extortion, you should refrain from posting information about it in a public forum. You have the right not to incriminate yourself.

As for your question, you require specific legal advice and should not rely on general information given in response to a question posted on Avvo. You should consult with an attorney to discuss the particulars of your matter and for any specific legal advice.

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David William Ginn

Reputation Level 13

Answered over 2 years ago. Lawsuit / Dispute Attorney in Walnut Creek, CA.

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What you can do will depend upon the value of the 'stuff' that has been broken. If the value is less than $7,500, then you can file a claim with small claims court for the damages your ex caused. Nolo Press has a book called 'Everybody's Guide to Small Claims Court' that will tell you how to file and prepare your case. I have included a link to Nolo Press for your reference.

There are other issues that arise in a Domestic Violence situation that you should seek the advice of an attorney to assist you. The San Francisco Bar Association can refer you to a lawyer who can help you, usually for free or a very modest fee. I include a link to the San Francisco Bar Association for your reference.

Good luck!

Nolo Press

SF Bar Association

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