How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalKnowledge Your Own Question
LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 23971
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
9540344
Type Your Legal Question Here...
LegalKnowledge is online now
A new question is answered every 9 seconds

When my mother was alive last year I red a company that

Customer Question

Hello there. When my mother was alive last year I hired a company that provided a live-in full time to help me care for her. I could not care for my mother full time because of my own anxiety and panic attacks.
My mother passed away last year, and now the company has hired an collections attorney threatening to get a judgement against me to get me to pay the balance due of the last month of care for my mom. Now balance is over $6,000.00
I requested a verification of debt and it arrived this passed Friday. As I read the two page contract, I did not realize I had agreed to pay my mother's bill after her death which was not explained to me at the time I signed the contract which I feel was not fair to me, and also my anxiety and panic was upon me at time of signing.
My question is can I find a way to find this contract unenforceable by way of:
LACK OF DISCLOSURE
IMPOSSIBILTY
and/or
LACK OF CAPACITY
and can I find it unenforceable now before it reaches the courts?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.

Good morning. I certainly understand the situation and your concern. When a contract is signed, there is a presumption that the party read it, understood it and agree to the terms and conditions stated within. As you shared above, this was a two page agreement for services and it did state in it, clearly, that you would be responsible for the debt, once she passes. The company did not have to explain this and it is up to a party to act in their own interest and read the contract, before signing. If you wanted to fight this, you would need to show that they mislead you or deceived you in some way, which resulted in you signing the contract, even though it clearly stated you would pay. Now, if you wanted to try and use the issue with your panic attacks and anxiety, you would need to show that these prevented you from understanding what you were signing, you did not voluntarily sign it and the other party knew of this and allowed you to sign, when it was executed. I want to be upfront and honest and share that it will be a hard case to win, since there is a signed written agreement with this specific term and condition stated within, that has you name on it.

Expert:  LegalKnowledge replied 1 year ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Related Legal Questions