The security agreement for a vehicle has been changed; Finance charge dollar amount, total of payments, number of payments, and amount of payments. The original agreement is typed, with the changes done in pen, a line drawn through the original terms, with my initials written next to the new terms in the above mentioned areas. I am currently drafting up a cross-complaint and want to include this as showing the contract was valid only on it's original terms.
Is the contract enforceable as the original contract or with "new" handwritten terms? By the way there are no signatures acknowledging the change, only the one for the original contract.
You haven't asked a specific question. While is not possible to tell you strategy for litigation on this public forum, generally speaking, you can file a cross-complaint for breach of contract and attach as an exhibit a true and correct copy of the original contract which you contend the plaintiff/cross-defendant breached. There are no facts in your post as to what other potential causes of action you might be able to assert, but perhaps fraud would be one of them, along with a cause of action for declaratory relief.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Personal Injury Lawyer
I might be missing something, but I did not see a question with regard to your legal issue. Generally, you should consider a cross-complaint for damages, including potential causes of action for breach of contract, fraud/intentional misrepresentation of materiel facts/fraud in the inducement/etc. You have not provided enough information or a clear question to enable me to provide any sort of meaningful response. Either way, contact an attorney. Sounds like you need one and you will be in a much better position if you hire a good one. Feel free to contact our office and ask for me, Matthew, for some guidance if you care to. No matter what, act fast.
Matthew Paul Krupnick, Esq.
KRUPNICK & KRUPNICK,
A Professional Law Corporation
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Personal Injury Lawyer
Parties are free to amend or make changes to an original contract. Then the issue is proof that those changes were made. If you claim the changes were not part of the agreement, your carbon copy doesnt contain the same terms theirs does, and you claim you didnt initial the changes, you need to so answer the complaint. Did you make the payments reqd according to the contract version you claim you did agree to? if not, you have some problems. My guess is they will argue that the orig deal was written up, but they couldnt get you qualified for that loan deal, and therefor new numbers were inserted for the loan they knew they could get. You initialed the changes rather than them having to re write the entire contract from scratch.