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I have a judgement in Texas civil court. The contract was…

I have a judgement...

I have a judgement in Texas civil court. The contract was forged and I proved that in court. I won the case and the judgement. now the Defendant is claiming he is entitled to Arbitration . What my question is when a contract it fraudulent is Defendant still entitled to the Abritation clause? Please don't ask me what state as I have listed that. I have used your service before and generally been satisfied. However, the last time was a nightmare communicating with you.

Lawyer's Assistant: Have you talked to a TX lawyer about this?

I was Pro Se

Lawyer's Assistant: What steps have you taken so far?

I was awarded the Judgement & the Defendant is now asking for Court to vacate and set judgement based on lack of jurisdiction & remand this matter to arbitration.

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Answered in 3 minutes by:
3/16/2018
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,901
Experience: Partner at Kent Law Group, LLC
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Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
.
Give me just a moment to review what you've written.

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If a contract is fraudulent, if there's no "meeting of the minds" and therefore no contract then some random clause within that contract cannot be enforced. It's that simple. Please let me know if that answers your question. If you don't need any additional information, if you wouldn't mind could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. Sometimes people aren't aware that experts don't get any credit for the time and effort that we spend on our answers unless you rate it positively. 5 STARS is always appreciated! If you have follow up questions I'd be happy to answer them as well. You can still ask follow up questions after rating. There may be some lag in my response time if you follow up with additional questions. It just means I'm working with someone else but I will ALWAYS come back an answer your questions when I'm done.

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Customer reply replied 1 month ago
Thank you, that's what I thought. Is there a Texas case or law. you could refer to that shows . If so, what is the reference number to it?
Customer reply replied 1 month ago
Did you get my question?

I don't have case law for you... it's basic contracts 101 in any state.

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Let me see if I can get you a non-case law citation....

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Customer reply replied 1 month ago
thanks, ***** ***** that. I'll be waiting to hear. Can I expect it in next few minutes?

Got you a case citation... shows that fraud is grounds to invalidate a contract : “Absent fraud, misrepresentation, or deceit, a party is bound by the terms of the contract he signed, regardless of whether he read it or thought it had different terms.” In re McKinney, 167 S.W.3d 833 (Tex. 2005).

Let me keep digging though... just a few min

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"To determine whether a dispute is subject to arbitration, one must analyze two questions: first, whether a valid agreement to arbitrate exists and second, whether the dispute in question falls within the scope of that arbitration agreement. Carey v. 24 Hour Fitness, USA, Inc., No. 10- 20845, __F.3d __ (5th Cir. 2012); In re Kellogg Brown & Root, Inc., 166 S.W.3d 732, 737 (Tex. 2005)." http://images.jw.com/com/publications/596.pdf

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Customer reply replied 1 month ago
thank you so much, you are very helpful.

"the validity of [] an agreement to arbitrate (whether it is legally binding, as opposed to whether it was in fact agreed to) is an issue that a court must address. Rent-a-Center,***** at 2778." http://images.jw.com/com/publications/596.pdf

Let me also send you the pdf itself.

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If you wouldn't mind, could you please take a moment to submit a rating. It DOES NOT cost you anything extra and it allows me to get credit for helping you. 5 STARS is always appreciated!

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And then here's some additional language I think you'll find helpful: "Although two persons may exchange an offer, acceptance, and consideration, if the subject matter of the contract is illegal, a valid, enforceable contract does not exist. For example, if a person offers to pay another person money for illegal drugs, and an acceptance is made by the promise to deliver the illegal drugs, this is nevertheless a void contract." http://thetaylorfirm.com/pdf/texascontractlaw.pdf

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Customer reply replied 1 month ago
thank you, ***** ***** he filed this in the court that tried our case ( it was a bench trail) will this Judge rule on it. We proved he was incarcerated when he claimed he signed & dated contract.

Yes, the judge will need to rule on whether the arbitration clause is valid - but if it was determined that there isn't a valid contract that one clause can't stand...

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Customer reply replied 1 month ago
I will be happy to give you a review , in a few minutes.

Thanks :-) And if you have any follow up questions, I'm here!

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Customer reply replied 1 month ago
why won't this let me print page your last 2 responses?

Not sure... what are you missing? I can resend if you need me to resend something....

Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 2,901
Experience: Partner at Kent Law Group, LLC
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