abcand123 Posted July 9, 2013 Report Share Posted July 9, 2013 The 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 fraudsNo 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? Link to comment Share on other sites More sharing options...
admin Posted July 9, 2013 Report Share Posted July 9, 2013 I might try lack of standing over frauds. Link to comment Share on other sites More sharing options...
abcand123 Posted July 9, 2013 Author Report Share Posted July 9, 2013 The DC provided a Bill of Sale from the OC. Link to comment Share on other sites More sharing options...
racecar Posted July 10, 2013 Report Share Posted July 10, 2013 Statute of Frauds is irrelevant on a suit for a credit card debt. Statute of Frauds governs the following types of transactions. 1) Purchase of real estate 2) Agreement to pay someone else's debt 3) Contracts which don't go into effect for over a year 4) Contract for sale of goods over a certain price What the statute of Frauds says, is that if you are entering a contract with one of the above conditions, it MUST be in writing. You cannot have an oral contract to assume responsibility for someone else's debt for instance. Link to comment Share on other sites More sharing options...
abcand123 Posted July 10, 2013 Author Report Share Posted July 10, 2013 Statute of Frauds is irrelevant on a suit for a credit card debt.Statute of Frauds governs the following types of transactions.1) Purchase of real estate2) Agreement to pay someone else's debt3) Contracts which don't go into effect for over a year4) Contract for sale of goods over a certain priceWhat the statute of Frauds says, is that if you are entering a contract with one of the above conditions, it MUST be in writing. You cannot have an oral contract to assume responsibility for someone else's debt for instance.Ok, that clarifies my question. Thank you. Link to comment Share on other sites More sharing options...
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