Legal Question in Credit and Debt Law in New Jersey

False Contract

Title of the contract has ''Mister Lee's TKD Membership Agreement'' which is a school that is no longer is existance. Was mailed a copy of the agreement by the Collection company and the title has been crossed out and the new school name was ''penciled in''. My carbon copy does not have these changes. It this contract valid?


Asked on 12/19/06, 8:00 am

2 Answers from Attorneys
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: False Contract

I'm no contract attorney, but a debt can be assigned to anyone. I have no idea why they did this, but as long as the terms were not changed, the contract is still valid. Of course, I'm talking about the debt only. If they say you should still be going to this new school, then that is a different situation because you didn't contract with that school.

Read more
Answered on 12/19/06, 10:13 am
Guy Lewit Guy Mitchell Lewit, Esq.

Re: False Contract

I am assuming you were a student at this school. If so, and you owe money on the contract, you may be liable to whoever is the successor to the name on the original contract. It would be an issue at trial as to who is the proper party plaintiff. If the business no longer exists how can they render services to you in exchange for your tuition? Of course, if you owed money to them while they were in existance they do have the right to sell your debt to someone else...it's called an assignment. The court will not like that the document was altered, but whether or not that ruins their case is another story. Good luck.

Read more
Answered on 12/19/06, 12:00 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New Jersey