You can't do that

The problem is that you don't even know what you agreed to.

Besides, if you paid them, you will have no cause of action to sue. First, a civil action can not be treated as duress so that even they threatened to sue, you can not claim that you were paying them only because you were coerced to avoid the court action. Second, if you paid them, the daycare center could claim that the debt was liquidated and your action by paying them was your pre-existing duty and you can not counter-claim afterwards. Even if you can prove that you had an honest and reasonable belief that you did not own that much so that the debt was not liquidated, by paying them your conduct was the avert evidence that there is an accord (settlement) and a satisfaction (you r paying them). In either case, you can not counter-claim afterwards.

BTW, unless a contract falls within statute of frauds, written agreement is not necessary and that is how our society functions. If you borrow something from other people, do you generally reduce the terms to writing?

所有跟帖: 

谢谢您的回复!那就打下去,钱虽不多,气难平! -ayayaya- 给 ayayaya 发送悄悄话 (366 bytes) () 12/02/2005 postreply 11:07:45

counter claim 你的deposite啦. 不然你就再没机会了. -24206- 给 24206 发送悄悄话 (126 bytes) () 12/02/2005 postreply 11:13:56

你要看你当地SCC的规定, appeal是有条件的, -stp- 给 stp 发送悄悄话 (105 bytes) () 12/02/2005 postreply 11:29:27

回复:谢谢您的回复!那就打下去,钱虽不多,气难平! -66196- 给 66196 发送悄悄话 (2074 bytes) () 12/02/2005 postreply 11:45:25

请您先登陆,再发跟帖!