Legal Question in Civil Litigation in California
What makes a legal doc legally binding?
If a person was to draw up a Promissary Note, what information makes it's legally binding? Does it need to be notarized and/or witnesses by someone? What if there are blanks that are not filled in (date specific) on a handwritten note?
What if you were forced to draw one up?
How would this be classified as:
The Promissary Note holder always told you not to worry about the debt...except when they were mad? Suppose you were given an ultimatom (spelled wrong). Ex-boyfriend begs for you to come back home and tries to get you to any way possible...when firmly sad no to...he pulls out this piece of paper and starts...well then I guess this wil have to be enforced.
He was stalking me and found out where I worked and kept harassing me with calls and then served me with papers. When this person was in possession of all my belongings and could have at least sold all my stuff and gotten at least half the money owed. Instead, he just tossed it all out. A home house full of stuff.
3 Answers from Attorneys
Re: What makes a legal doc legally binding?
You need to take some kind of legal action against this control freak. First, however, I am concerned that you received some sort of legal papers, but you didn't say what they were. You must respond to a lawsuit within the legal time limit, and this may also be the time limit for filing any countersuit. You might want to contact an organization for battered intimate partners, for example, to get a restraining order.
Re: What makes a legal doc legally binding?
Report his conduct to the police and obtain a restraining order. As to the papers he served you, determine what must be done to respond to them. This can be done by consulting an attorney or a family law clinic. Move quickly as the time to respond may be very short.
Re: What makes a legal doc legally binding?
A written agreement that was obtained under pressure, or with false information, is not enforceable against the person who was pressured or lied to.
It sounds like this person is trying to control or manipulate you. I agree with the other reponses - you should consider learning more about how a domestic violence restraining order might help you. Here is a number to call to get information about services in your area, or just to talk:
National Domestic Violence Hotline
1-800-799-SAFE
1-800-787-3224 (TTY)
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