My mom does not speak, read, or write English. Her translator (at the time she signed the contract) was a minor. What can I do to help my mom? We are protected under the U.S. laws here. Please help. Thank you!
2006-08-10 06:13:40 · 4 answers · asked by swtxgoodbai 2 in Politics & Government ➔ Law & Ethics
In more details, the contract involves the legal representative fully representing her in a claim settlement. Meanwhile, he told her that he was from the "emergency crew" and that he needed her signature immediately. I think he should either offered and/or suggest that she find a translator for her. Additionally, she does not have a copy of the contract. I asked for one and he said I can not speak for my mother. That I need written letter from her giving me permission to be involved... my mom can't write.
2006-08-10 06:32:29 · update #1
I don't think the age of the translator has anything to do with this, just the competance. If the translator did not correctly translate the terms of the contract, you may be able to explain this to the legal rep, and have it voided.
If your mother is needing to break the contract, and the legal rep is not willing, she will have to hire another lawyer to do this for her. Depending on what the contract was for, it may cost more for her to try to break it than it's worth.
Most lawyers will give a free consultation for a case. Take your mother, a good translator, and a copy of the contract to a reputable lawyer, and have them look at it. If they think there is a case, they will advise you of how much they think it will cost to dispute it.
Updated addition: A letter from your mother in her native language would be acceptable. It would be the responsibility of the legal rep to have it translated. Or, you could write the letter, and have your mother sign it. Either way, she needs to demand a copy of the contract, because it sounds very shady that she was not given one. She is fortunate to have a child who is looking out for her interests. If she can't afford a lawyer, there are many lawyers who will take a case pro bono - or without fee, just for the publicity or good word of mouth.
Also, if she has contracted the services of this individual to represent her, she has the option to "fire" the lawyer. Just be aware that if she paid any type of retainer, she will probably lose it, and any billable hours and document costs would be due.
2006-08-10 06:24:44 · answer #1 · answered by hopethathelps 2 · 2⤊ 0⤋
It really depends if it is worth taking to court and fighting. Being that the translator at the time was a minor it could possibly be thrown out, but they will argue that she should have had enough knowledge to have someone of legal age come and act as her translator. If she is willing to take the time and money to go to court over the issue she is likely to win, or if you are lucky they may settle, but she must ask herself if it is worth the cost and time, and honestly in most cases it is not. She needs to learn to speak and write english quickly if she is gonna be doing transactions in America to avoid these problems in the future. Would you go to another country where you do not understand the language and sign a contract? I would hope not! For her safety she needs to take advantage of the many english lessons that most places offer freely.
2006-08-10 13:26:21 · answer #2 · answered by Generation268 3 · 0⤊ 0⤋
Contact your local Better Business Bureau and explain the situation. The contract will be declared invalid because the other person was a minor (therefore not eligible to sign a legal contract) and the contract was written in a language your mother does not understand.
If the BBB can't handle it, they will know who can. Good luck.
2006-08-10 13:21:21 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I dont think that there are any laws that fall into that category....If you take it to court they will say that she was responsible for getting someone to do the translation for her, could have just been stupidity on her part
2006-08-10 13:21:46 · answer #4 · answered by Anonymous · 0⤊ 0⤋