Legal Question in Consumer Law in Utah

Promissory note

I recently signed a promissory which obligated a company to deliver a cd player and 12 albums immediately, and then 12 albums every six months until they reached 140 albums. The total cost was $819.72 to be paid in thirty six monthly installments of $22.77 each. The opposite side of the contract stated these terms: 1. the seller retained title until the full price was paid 2. an assignee of the contract could be sustituted to all rights of the seller and 3. the buyer couldn't raise against an assignee any of the defenses the buyer might have against the seller. I received the cd player and the 12 albums, but after that, although I continued to make payments I didn't recieve another album, so I stopped making payments. Apparently the company I was originally making payments to has just gone under. I was just sued by an attourney for the balance due. Am I still held liable even though I didn't recieve the albums?


Asked on 11/18/05, 9:35 pm

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

Re: Promissory note

Not according to the facts that you raised. Tell the attorney the facts and request from him in writing to prove that all of the CSs were sent to you. Also tell him that you dispute the entire debt, and not to contact you except in writing (stops the annoying calls) If he fails to prove that you received all of the product and then sues you, answer the complaint and claim an offset. Then go to court and explain to the judge.

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Answered on 11/19/05, 8:07 pm


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