interroragotories to ask in civil fraud case?

Question

Being sued for contract dispute in wagon trail resort campgrounds where I was pressed into signing a contract by misrepresentation of winning a car, then was hard pressed by sales person into signing a campground contract that I never used nor changed my mind about three days after signing it. I feel that the campground did a bait and switch and now am trying to defend myself against their attorney's who are saying that I owe over $6,000.00 for something that I never used nor agreed to purchase, but nevertheless I signed the contract after being pressed into it. What are my options here besides defending myself as best I can

Answer 1

If you signed the contract upon the misrepresentation of winning an automobile (when in reality there was no chance at all you could have won), then the resort would be guilty of obtaining a signature under false pretenses, and the contract would be void.

Being "hard pressed" into signing a contract is not a real defense. By the nature of democratic government, adult humans must be assumed to be intelligent adults, in control of themselves and responsible for their own actions. Unless the sales agent coerced you into signing the contract under actual threat of violence, then the contract is binding.

Determining whether or not there was a misrepresentation could require a bit of investigation, and it might get complicated.

I must urge you again to hire a lawyer. I am all in favor of people learning the law, but when you are being sued is not the time to learn. The type of questions you are asking indicate that you do not understand enough about legal procedure to defend yourself adequately. The case could get away from you, and you could end up owing more money. Get a lawyer.

One important thing: When you hire a lawyer, you must ask them whether they think you are responsible, and whether they believe the case can be won. If you just walk into a lawyer's office and say "defend me against these charges", then they will do their best, even if they know you will lose. Be sure to get their opinion about whether the you can win the case. If they say that winning the case is impossible, then you should instruct your lawyer to settle and cut your losses.

Answer 2

OK, plan on losing. Lets review the facts:
1. You signed a contract.
2. You did not prove you were forced to sign the contract. The contract appears to have been signed by your free will.
3. Sounds like you had second thoughts/buyers remorse.
4. Usage is irrelevant.

You also claimed: "by misrepresentation of winning a car" - Did they say you won a car or that you could win a car. If they did say you won a car and then did not provide it to you, can you prove it?

Best bet, offer to settle or get a lawyer.

Answer 3

As usual on questions like this, I have to recommend that you hire local counsel. Your rights and assets will best be protected by hiring an attorney. Any answer you get here from anyone would most likely be uninformed or incomplete. Plus, you're basically asking people to participate in unlicensed law practice.

Answer 4

you really need to find some local legal advice on this one:

for all your civil discovery: interrogatories, depositions will be based upon your defense claim to the formation of the contract.

So first you have figure out what defense to formation are you going to use, the corresponding civil state statute or case law you will lean on to prove your case

Misrepresentation is one but will need to find the elements necessary in your state to prove that

duress and coercion are others but highly unlikely to succeed

in the end it may be cheaper to retain legal council

Answer 5

working in the direction of trial regulation isn't a cookie cutter workout. Do your self a prefer and hire a criminal specialist. a superb variety of information of the inspiration of the claims is needed previously you will even think of approximately what to invite in interrogatories, apart from the specialist witness questions.