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Legal Findings re: SSS Contract

Posted by ebsaffyre, Oct 30 2007, 04:12 PM

After consulting with my legal team, they have found that the agreement stallion owners sign for the SSS program fails for "lack of consideration." What this mumbo jumbo means is basically since they have not suffered any damages from a "donated" item, the contract becomes unenforceable. Therefore , null and void. A contract has to meet certain criteria for it to be enforceable and this agreement fails in that criteria. I will leave it to the lawyers to explain in more detail when the time comes.

Now the irony of all this is that in the interim, they sent me to a collection agency with obtaining a judgment. That is an actionable cause and we may be suing them. More than likely, their lawyers came to the same conclusion about the agreement being unenforceable and they are now trying harassment ploys in retaliation for me reporting them to the FTC and the California Department of Consumer Affairs. A private party cannot send an item to collections without a judgment. If they try to get a judgment it will cost them more than the $1000.00 they are trying to collect.

Anything I do will be to protect my rights as a consumer and should in no way be misconstrued as retaliatory. They have broke the law and are trying to bully and harass someone into paying something they are legally not obligated to pay.




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