Stockton, CA asked in Contracts for Utah

Q: I entered a contract, and believe i was in a wrong state of mind, if taken to court would I be able to fight and win.

I signed the contract while very depressed and panicked, so I believe I was in a wrong state of mind, while discussing the contract i was yelled at several times which caused me to panic further. The contract states I will pay $200 a month until I pay off $1300, I don't think the price is anything to take to court but I don't feel I should have to pay this and I feel I was taken advantage of as they knew I was in a wrong state of mind during the procces of discussion and signing, I would like to know if I could just disregard this, or if I was taken to court or took them to court if I would have a good chance at winning. I currently in the state of Utah, but the contract was made and signed in Maryland

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Saint George, UT
  • Licensed in Utah

A: First, let me say that I am sorry that you felt taken advantage of.

I don't think that it is ever good advice to ignore a debt and expect that it will just go away, so I wouldn't do that. In order to have a legitimate capacity defense for why the contract shouldn't be enforceable, you would have to prove that your state of mind such that you were not able to comprehend the rights and duties you were contracting for and that a reasonable person would have known that you were in a such a state.

Honestly, it would be an uphill battle trying to prove your state of mind and then proving what a "reasonable person" should have known about your state of mind.

An example of when this defense might work would be if the other party saw you fall down and crack your head and noticed that your speech was now slurred and you couldn't remember what your name was and told you how to spell it when you signed a contract. If you were merely, stressed or emotional, I don't think it would be enough.

I hope this helps.


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