![]() For example, if the plaintiff was providing you with material you needed for your construction business and when she knew you had a deadline looming she refused to deliver the necessary materials unless you agreed to pay a higher price, that would be economic duress.You also might have economic duress, in which the plaintiff used economic pressure to force you to sign or modify a contract.If the person suing you threatened to harm you or a member of your family unless you signed the contract, that's blackmail – and it's also duress that voids the contract. Blackmail is a common example of duress.While some affirmative defenses merely excuse performance, if there was duress in the making of the contract, the contract is considered void and unenforceable.Duress is an affirmative defense, which means if you raise it you bear the burden of proof. ![]() If you want to claim the contract is unenforceable because you were under duress, you need some proof of that claim.If it was a modification of an existing contract, pull your copies of both documents. You must have a copy of the contract you signed.Before you draft your answer, get your copy of the contracts involved in the lawsuit, as well as any additional information you may have regarding the duress under which you signed the contract. Call the clerk of the court where the lawsuit was filed if you have any questions about when your response is due.In a county civil court you may have as long as 30 days, but if you were sued in small claims court you may only have a couple of weeks. The deadline to respond typically is a period of time that begins on the day you were served with the lawsuit.If you don't file an answer within that period, the plaintiff may be able to win the lawsuit by default. Pay attention to your deadline to respond.Generally speaking, the plaintiff must sue you in the county where you live, where your business is located, or where the contract was signed.If it's far away, you may have an argument that the court doesn't have personal jurisdiction over you. Check the court where the plaintiff filed the lawsuit.The complaint contains the factual allegations against you. When you are served with a lawsuit for breach of contract, you'll receive a summons, which tells you when and where to appear in court and how long you have to respond.
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