Wednesday, September 29, 2010

Make sure you know what you are signing!!! Consent Orders can not be fought based on the contract defense of unconscionability

Parties seeking to Yurek, the Court of Appeals affirmed that attempts to "...set aside a consent judgment are limited to proving lack of consent, fraud, mutual mistake, or unilateral mistake under some
misconduct." Yurek v. Shaffer, ___ N.C. App. ___, ___, 678 S.E.2d 738, 746 (2009).

So, make sure you read CAREFULLY whatever your spouse, ex-spouse, your attorney or his/her attorney put in front of you to sign. It is going to be REALLY hard to break out of that deal once it is entered.

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