Legal Question in Consumer Law in Utah

Is this contract a binding one?

if someone fills out and signs a contract with an improper (lower) balance, is the contract binding? The balance stated would be in the favor of the person paying, and detrimental to the one demanding payment. this is a contract that is demanding payment of a judgment, although payments on it have been made. The person demanding payment wants to increase the amount of the payments being made. the contract is a personal one. The judge awarded a judgment but left it up to the winner to collect payment.

Can the winner demand income records? Can they also determine how much the person has to pay per month?


Asked on 8/27/02, 3:32 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Is this contract a binding one?

If there is evidence that the contract amount was entered incorrectly by accident, and there is evidence of the correct contract amount, courts may correct the mistake. If this is an amount as part of a court judgment a new judgment would need to be sought and obtained.

The courts generally do not set amounts to be paid. That is either agreed to by the parties or the result of a garnishment. The collecting party has several options to collect, by agreement or by force such as through garnishments or through attachment and sale of the promisor's assets.

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Answered on 8/27/02, 8:39 am


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