Assistance with legal questions about forced signatures


Questioner

Thank you for your response. This is about my son who, under duress, signed a contract 3 years ago to stand surety for his father. His father (Dutch) lives in Germany, where he started a new relationship and is now married. This signing, under duress, took place in Germany and involves a large amount of money. You can imagine that as a mother I am very concerned about my son who has gotten into trouble because of this. I do not know whether the current wife of my ex also signed. How can I, as an ex-wife, play a role in this for my son? July 31, 2012, 11:47 --------------------------------------------------------------------------------

Lawyer

Hello, How old is your son? What did he sign? Was it an official document? Was there a witness besides his father who can confirm that the drawing was done under duress? Does your son also acknowledge that the signature was done under duress? If your son is over 18 and not under your guardianship, there is not much you can do. If your (adult) son wants to have his signature 'undone', it is best to consult a lawyer to discuss the possibilities. A signature that was placed under duress/threats can be annulled by the person who signed it. This can be done by a judge, but it can also be done if another person acts as guarantor. As long as the agreement has not been annulled, it is legally valid and the legal consequences remain in effect. If it concerns a 'large amount', I advise you to prevent the legal consequences from coming into effect, after all, prevention is better than cure. For further questions you can send me an email. Kind regards,

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