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Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I signed a settlement agreement under duress. within 2

Customer Question

i signed a settlement agreement under duress. within 2 hours, i called atty to cancel. stated i want to go to trial.
have a trial court date. he said too late.
is this true? is there timeframe to opt out?
he ignored my request.
Submitted: 1 year ago.
Category: Legal
Expert:  Delta-Lawyer replied 1 year ago.

If you can prove that the agreement was signed under duress, then the agreement is void on its face and can be invalidated by the court that has jurisdiction over the matter.

The legal definition of duress is Unlawful pressure exerted upon a person to coerce that person to perform an act that he or she ordinarily would not perform.

If duress is used to get someone to sign an agreement or execute a will, a court may find them null and void.

So, it may mean that you have to file a separate petition with the court in which this matter is currently filed to have the agreement set aside based on duress. You need to be able to articulate the reasons you feel that duress is in play here because you can rest assured that the opposite party is going to try to argue against this defense or position.

Let me know if you have any other questions or comments.

Please also rate my answer positively.

Best wishes going forward!

Expert:  Delta-Lawyer replied 1 year ago.

I hope all is well today. Just checking to see if you had any additional questions. I want you to be as comfortable as possible as you move forward with this important issue. Thanks