What kind of contract? Was there an agreement as to "month to month? Was it oral or in writing? What EXACTLY was the "forcing to sign"?
Sorry for the delay Elaine. It was a computer glitch and your question did not appear on my "questions' pending list.
I actually agree with one of your statements.:
"We don't believe they can pick and choose parts of the contract to follow and then not follow the other parts"
The problem is that works both ways.
Here are your problems with small claims suit
1. The new agreement IF IT IS ONE (SEE #2) is just that.....you can't rely on the 30 day notice requirement of the old contract.
2. "Now on a month-to-month basis If my increase found to be excessive would have to pay it back "
This is not even a valid agreement...forced or not. One of the basic requirements of a contract is PRICE. If one party can change the price at will....No contract is formed.
3.. Your "forced into signing the new agreement" will be difficult to prove....it will be a he said/he said situation in court...the whole issue of "he knew my son needed the money" is a weak position.
As a litigation attorney for 30+ years, I think the case is weak at best, XXXXX XXXXX the cost of filing and service of papers being less than $100...your son may want to try.
By the way you card has not been charged. It is only charged when you press ACCEPT which would appear on the screen.
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