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When is Statute of Frauds Applicable?
abcand123 posted a topic in Is There a Lawyer in the HouseThe attorney that is suing me in Maricopa County, Arizona on behalf of CACH, LLC provided an Affidavit that was signed by an employee (auditor) of the OC. No signed contract has been provided as evidence. I did file a Sworn Denial - I believe it was in the form of a graduated denial, and it's my understanding that by filing that document, the Affiant must testify as a witness in person, or the Affidavit is not valid as evidence (and if they did testify, the Affiant still must prove personal knowledge of the debt). The Affiant is 1500 miles away. Below is the Arizona law regarding Statute of Frauds: 44-101. Statute of frauds No action shall be brought in any court in the following cases unless the promise or agreement upon which the action is brought, or some memorandum thereof, is in writing and signed by the party to be charged, or by some person by him thereunto lawfully authorized: 2. To charge a person upon a promise to answer for the debt, default or miscarriage of another. Can I win my case based on this law alone?