If I'm in breach of contract, what can the aggrieved party do?

pyboy

pyboy

Arresto Menor

Posts : 1
Join date : 29/10/2010

I have contracted to buy a business and paid 20% deposit. I am having 2nd thoughts and desperately want to just walk away. Obviously I forfeit the deposit but what else can the seller do to attempt enforcement of the contract?

1. He doesn't know where I live; how can he find me and can he get a judgement in absentia if he is unable to serve me a summons?

2. If he does get a judgement against me, can he take my bank accounts even if he doesn't know what bank I use or where I am?

3. Would this breach of contract effect my police clearance?

attyLLL

attyLLL

moderator

Posts : 21671
Join date : 12/04/2010
Location : https://www.facebook.com/BPOEmployeeAdvocate/

1) he can do investigations to find you. there are persons who can do government database research. but if he cannot find you, but knows where your property is, then he can have the summons published and you will be deemed in default. if he doesn't know of any property and where you are, then the case won't prosper.

2) not him, but the court sheriff can write to the banks and inquire if you have a bank account and garnish them.

3) failure to fulfill a contract is not necessarily a crime. so unlikely. good luck.

If I'm in breach of contract, what can the aggrieved party do?

1 If I'm in breach of contract, what can the aggrieved party do? Fri Oct 29, 2010 6:31 am

pyboy

2 Re: If I'm in breach of contract, what can the aggrieved party do? Sun Oct 31, 2010 6:57 pm

attyLLL