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Overturning a Document Signed Under Duress in New York City
A document that is signed under duress can be rescinded upon filing of the appropriate action with the court with competent jurisdiction and within the period of statute of limitations. If the document signed is the last will and testament, the will can be objected to during probate on the ground that it was signed under duress.
What is Duress?
Duress is a situation where a plaintiff is coerced or forced by the defendant into acting against his will due to threats, intimidation, violence, or some other form of unlawful pressure. In the context of contracts, a document signed under duress can be set aside by the courts for being involuntarily executed.
In order to maintain an action for duress, the plaintiff must show that the threats made by the defendant were unlawful and deprived the plaintiff of the exercise of free will and the ability to act voluntarily.
If the defendant threatens to commit an act which is within the defendant’s legal rights to do, there can be no duress. For example, if the defendant tells the plaintiff to sign the document or else, the defendant would file a case against plaintiff for sole custody of their child, there can be no duress. That threat to commence litigation is within the legal rights of a person. On the other hand, if the plaintiff signed the document because of death threats to him and his family, there is duress.
Statute of Limitations for Duress
The action to rescind a contract based on duress should be made within six years from the time the cause of action accrued. But when does the cause of action accrue in duress?
The cause of action accrues from the time the contract is signed. However, in cases of duress, the period to file an action is tolled if the duress is continuing. The limitations period is tolled until the termination of the duress because the offensive conduct is regarded as a continuous wrong.
In the example above, although the cause of action accrues from the time the contract is signed, the 6-year statute of limitations does not begin until the death threats stop.
Setting aside a contract signed under duress requires the assistance of an experienced litigation lawyer. Complex issues may arise on whether or not there was duress, whether or not the threatened act was unlawful, and whether the period to file an action has expired. Should you need assistance in rescinding a contract on the ground of duress, we at the Law Offices of Albert Goodwin are here for you. We have offices in New York City, Brooklyn, NY and Queens, NY. You can call us at 212-233-1233 or send us an email at [email protected].
About the Author
Albert Goodwin Esq. is a licenced New York attorney with over 17 years of courtroom experience. His extensive knowledge and expertise make him well-qualified to write authoritative articles on a wide range of legal topics. He can be reached at 212-233-1233 or [email protected].
