If I sign on a handwritten note that is not written by me, can the note be considered as legally binding?

Question

I signed on a note that briefly says that I will have to bear all costs incurred for an vehicle accident repair. However, the note was not written by me, and there was no witness. I did not have a copy of the said note.

I signed on the handwritten note, when I was still recovering from the after shock of the accident.

Is this note a legally binding one?

Answer 1

The answer is... Sometimes. All you can do is fight it and find out.

Answer 2

no..a contract is an agreement...if you were ill or injured at the time it is unenforceable...you must have been nuts to sign it,,,

Answer 3

With your voluntary signature, it is a binding agreement, unless a judge rules otherwise.

Answer 4

well with no witness it might be hard to uphold....but it is your signature so with out a court determined outcome its hard to judge...

Answer 5

As long as you signed it, it doesn't matter who wrote it or how it was written.  It is legally binding

Answer 6

you signed it so its binding BUT you can go to court and state your side. there are things that could change the judges answer like...Did things change or were you unaware of damages when you signed, did he/she get you to sign because they didn't have insurance? And tell them you were nervous and not mentally aware of all that was in the note at the time and feel it may have been altered since the day. Anything that gives the judge the idea that they may have got you to sign under bad circumstances. Good luck and sorry about your accident.

Answer 7

Yes.  However, there are defenses to contract formation.  Was there consideration?  Did they forbear to sue or something?  Did they have a reasonable and honest belief that they had a right to sue?  Also, you could argue duress or procedural or substantive unconsionability.  Especially if the damage is extensive and you were not totally at fault.  Excuse doctrines might also come into play (e.g., frustration of purpose, etc.).

At any rate, the full answer depends upon the laws of your jurisdiction.  You should consult a lawyer if you are not successful at reasoning w/ these people.  However, your insurance company should be able to sort all of this out.