Jump to content

Duress as a Defense ?


Recommended Posts

Common Defenses to Debt Collection Lawsuits | CULIK LAW PC

I had not seen this before as a credit card defense, but this attorney applies it to medical credit cards issued by dentists and other medical providers, that a person really did not have any option due to the immediate medical concern and agreed to the terms and high interest rates of the card being offerred.

DURESS as a Defense and you could probably also claim

•Unconscionability — this means that the transaction was so one-sided that it would be unfair to enforce it against you.

•Usury (illegal interest rate)

Link to comment
Share on other sites

My son has one, he went into the dentist to have some work done, did not have dental insurance and they signed him up on the spot, wouldn't do anything until they knew they had payment. Automatic approval for 600.00 credit limit just like when you go into best buy and get a on site card approved

Link to comment
Share on other sites

Regarding his choice of dentist, did he have other options? If that was the only available provider that day (say, for an emergency situation) and there were no other options, and this was the ONLY option they gave him (refusing to let him make payments directly to the office over time instead of a credit card company), you might have a case.

Visit your local law library (usually law libraries are provided through your county, local court, or local community college, 4-year college/university). There you can find info on specifically HOW to use duress as a defense and examples of HOW and WHEN this defense is a good way to go.

Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.