Legal Question in Consumer Law in Connecticut
Didn't read the fine print
A couple years ago my husband, self employed, bought into this tax reduction program which included buying a website that was handicap accessible- thus getting a tax credit under the Americans with Disabilities Act. The site cost us $1,250 and we were supposed to recieve a $5,000 tax break, but we only ended up getting $1,000 credit. We slowly realized this program was grossly misrepresented to us and borderline illegal and wanted to get out of it. When i wrote a cancellation letter to the web site company, they wrote back saying we need to pay the remaining balance of $8,000!! We declared bankruptcy in 2003 but did not list this because we didn't know we owed it. I managed to dig up our contract- which my husband signed and apparently didn't read thouroughly- which said we owe about $4,000. The company first said they couldn't find my contract, now they said they have it but i've asked them several times to send me a copy and they haven't. I have been trying to settle this matter for months and am fed up. If THEY cannot produce a copy of this contract, do i owe them anything? And if they DO find the contract, can i claim it under our bankruptcy?
1 Answer from Attorneys
Re: Didn't read the fine print
The first thing you need to do is hire an attorney who specializes in debt collection issues. The State of CT and the Federal Debt Collection statutes have certain requirements with regard to collecting a debt. Although I don't have all of the facts, it appears you do have a right to the copy of the contract that your husband signed. I believe they are required to turn that over to you. You may want to go on the internet and review the federal debt collection act which specifically states what is required of a debt collector - whether it is the actual creditor or an agent on its behalf. These requirements are strictly enforced so long as you document them.
Finally, if you had a bankruptcy attorney who handled your bankruptcy, call him/her and see if you can not amend the proceeding "after the fact" and add this alleged debt. Sometime this may be an option.
Related Questions & Answers
-
Airline Ticket Refund On December 26th 2002 I made reservations for 2 Round-trip... Asked 11/05/03, 12:51 am in United States Connecticut Consumer Law
-
Can person(s) witness their own signature(s) on contracts? I have an agreement on... Asked 10/31/03, 4:34 pm in United States Connecticut Consumer Law
-
Used car rights Last summer I bought a used subaru from a subaru dealer. It had... Asked 3/01/03, 11:56 am in United States Connecticut Consumer Law