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.
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
Nothing stated throughout any post, blog (or related comments of any type) made by Mattthew Krupnick, any member, employee or agent of his firm, KRUPNICK & KRUPNICK, A Professional Law Corporation (collectively referred to as the "FIRM"), is meant to be in any way construed or to be deemed to be legal advice for any person or any purpose regardless of whether it seems it is or is mean to be such by the FIRM through any express or implied statements, comments, communications or questions made by the FIRM. Also, the FIRM expressly disclaims any potential for anything said or done on this sight to in any way create or in any way form an attorney-client relationship with any person or entity reading, relying upon, or using the information provided by the FIRM, which has been provided for informational purposes ONLY. Only upon an in-person or telephonic meeting to discuss any particular legal issue AND the signed of a proper fully executed written retainer agreement could any such relationship be formed or for the FIRM to become obligated in any way to anyone through the use of this site or the information contained on the site. The responses, comments, questions raised, or issues addressed herein are all being provided SOLELY for informational purposes and should under no circumstance be relied upon as or viewed as giving legal advice or counseling of any sort Should such a relationship be desired, client would have to contact attorney to discuss that and other issues in person, by phone, or at least in private. Information provided on this site should not ever be relied upon without consulting with a knowledgeable attorney in your area and/or practicing in the field for which your question relates. We hope the information is helpful, but it is imperative that you know that no attorney-client or other relationship is formed by the providing or reading of this information. Should there be ANY confusion about this important issue, please address it BEFORE allowing attorney to respond to your question and before any follow-up questions, calls, or emails to said attorney.. Otherwise, it will be deemed to have been understood by all parties participating on this site that the above is true and that any response by the FIRM cannot ever subject the FIRM or any individual part of it to any legal responsibility, liability or other claims for damages if you rely on any information provided without properly retaining the FIRM for true legal advise.
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.