I'm not an attorney. I also think you should go see one that knows and understands contract law. Just based on what I think will happen is somebody will take over that company's assets. Part of those assets is your contract. Since they now own that contract they should be bound by the wording of the contract. I think you should be OK. Whoever now owns this contract might settle it for pennies on the dollar. See if you can find another carrier that trains that may take over that contract. This happens more than most knows. Getting good information is critical, this is why you need to go spend a few minutes with an attorney.
How can I get out of contract?
Discussion in 'Questions From New Drivers' started by mauidave22, Jun 21, 2011.
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Stay on toll roads if they ask it and keep asking for your money back. -
the second issue is if there is a recovery clause in the contract that covers the business closing its doors.
if you didn’t quit but were let go because of the owners closing the business and if they went “out of business” without bankruptcy, there is really no legal means for them to recover contractual obligations beyond what they have collected before the doors closed.
but you are liable at this point but only limited.
I would tell who ever is making these demands that you will make the same payments until it is paid off, or they will have to go to court to force you to pay it off.
now the smart thing to do is to do all of this in writing between you and the former company employee or owner. I would also put the exact amount aside so if it does go to court - unlikely - you can tell the judge that you are willing to make the payments as agreed to, which was refused but you have it on hand to bring it up to date. What this does is show you a willingness to pay off an obligation but they were refusing to take the money as agreed.Another Canadian driver Thanks this. -
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It is also important to remember there are 2 things that govern the terms of a contract. The actual wording of the terms and FEDERAL AND STATE LAW. As I said in my first comment. Once this business closes somebody is going to take over the assets and the liabilities. I would pay close attention to this. If we are talking about a bank they might well make an offer to settle this. They can write off losses anyway. Because there are 3 parties involved the language of the contract becomes critical. There may be language in the contract that protects the school from this kind of situation, in fact, that is almost a certainty. You most likely signed a contract with the school, not the company that went out of business. The thing is what was the agreement between the company and the school? My best advice to you is to attempt to find another carrier willing to assume that contract. This is possible. I can't give you the name of a carrier that will do this, but over the last 15 or so years I have heard of it being done many times. You can also make contact with the school and see if they can help you do this. In fact, I bet they are doing this some anyway.Another Canadian driver Thanks this. -
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However the individual may turn it over to a collection agency which means the op has to go to court to sue for breech of contract which the willingness to pay will work to their advantage and the court May nullify the entire contract.Another Canadian driver Thanks this.
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