Duress is one of the most vague areas of U.S. law, and also one of the simplest. Essentially, duress is the act of forcing another person or party to do something against his or her will, usually with a threat of violence or other harm. Many times, agreements and contracts are signed under duress but there is no proof, or else the victim doesn’t realize that he or she can contest the validity of the signed document. But how do you prove that documents were signed under duress?
Is the contract fair and equitable?
A contract – of any sort – should be a fair and equitable “meeting of the minds”, which means that it benefits both parties equally. If a contract is biased toward the other party, you will have an easier time proving that you wouldn’t have signed it in normal circumstances. Explain that the documents were signed under duress, and that you don’t find a meeting of the minds anywhere in the contract.
Is there a history of hostility between the two parties?
It is also easier to prove that documents were signed under duress if you and the other party have a history of arguing, fighting or disagreeing. A court is more likely to believe that you didn’t sign a contract of your free will if it is unlikely that you would enter into an agreement with the other party in the first place. But you’ll need to provide evidence of past disagreements, such as testimony from eyewitnesses or proof of letters or phone calls.
Did someone see you sign the papers?
A witness is an invaluable asset when trying to prove that documents were signed under duress. Chances are, if someone witnessed the signing of the contract, he or she also witnessed the pressure – either physical or otherwise – administered to get you to sign. Perhaps the witness heard verbal threats or was privy to a physical beating that ultimately convinced you to sign the papers. Whatever the case, the witness will need to testify.
Do you have written proof of harassment or threats?
Although most people are smart enough not to put threats in writing, you will run across the occasional moron. If you have threats in writing, they are golden in a courtroom. Explain that you were threatened to sign the contract or documents, which proves duress, and submit the letter or communication as evidence. Remember that e-mail is admissible as long as it can be reasonably assumed that the e-mail originated from the defendant.
Were you physically assaulted?
If the defendant used physical force to get you to sign documents under duress, make sure you have photographs of the resulting injuries. It is also a good idea to have your medical records to show that you sought treatment on the day on which the contract was signed, further strengthening your case.
