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Producing a Contract?


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Hey eveyone! What's the concesus out there when a complaint includes breach of contract....does the Plaintiff need to produce that contract to validate that complaint? In AZ, I tried to look for this in the Rules of Evidence but I found nothing. There may be something in the ARS that I'll look at in a bit. Will also look for case law.

 

Thoughts.....

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They have to demonstrate that a contract existed. Having said that, verbal contracts are valid and subject to breach of contract action. If they can show you took money on the promise to repay it, they have a valid claim. (The evidence of the promise on a debt is your payments on the account.) There is no requirement for a signed contract to establish that an agreement existed.

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