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Damien Bosco
Damien Bosco, Attorney
Category: Business Law
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I'm about to be sued, and was forced into a confession of judgement under threat of e

Customer Question

I'm about to be sued, and was forced into a confession of judgement under threat of extortion (creditor threatened to have my wife fired from her job). I have witnesses, to verify this, and the creditor (it was a personal loan) is also on voicemail on my cellphone making the same threat. Furthermore the interest rate he was charging was way beyond the usury rates of the state (NY).
I need to rescind the confession of judgement, before he files suit. The deadline's Thursday evening.
Submitted: 1 year ago.
Category: Business Law
Expert:  Damien Bosco replied 1 year ago.
Duress, or coercion, will generally invalidate a contract when someone was threatened into making the agreement. Similarly signing a confession of judgment could possibly be rescinded due to duress. Without knowing more or reviewing the papers, procedurally a petition or motion could be made to court to declare the confession of judgment null and void (or something similar); or a motion to vacate the judgment may possibly be made. More research would be required and a review of the papers would be necessary to get a better understanding on how to handle the matter.

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