QUESTION

privet loan

Asked on Oct 17th, 2014 on Breach of Contract - Minnesota
More details to this question:
if I have a signed paper that I am owed money from a person and they refuse to pay. Do I have a case?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
If those are the only facts, yes.  Of course, there are many things you don't mention which could change my answer, for example:        Will the debtor claim that the contract was modified or a new contract made after the signed paper?      Will the debtor claim the money was paid, in whole or part, or is not yet due?      Will the debtor claim that he/she signed the paper as a result of duress, mutual mistake, or fraud?      Will the debtor claim that he/she was too young, or otherwise lacked the capacity to contract when he/she signed?      Will the debtor claim that the agreement was illegal, for example that he/she was agreeing to pay you for sex, or to kill someone?      Will the debtor claim that his/her signature was forged?      Having a document signed by the debtor acknowledging his/her debt to you is a pretty good case, but I can't say for certain that you will win based on that paper without knowing whether the debtor has any defenses to your claim.
Answered on Oct 20th, 2014 at 3:08 PM

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