"HeyBub" wrote in message
m...
h wrote:

I had a situation years ago with my ex-husband's finances. After the
divorce I began to receive phone calls and letters demanding payment
on his accounts that (we had kept all finances separate). I simply
said, "Do you have a piece of paper with my signature indicating that
I am responsible for this debt? No? Then never contact me again."
Click. I never had anyone contact me more than once. If you didn't
sign anything, how can it be a "contract"?

A "contract" is a meeting of the minds regarding an exchange of goods or
services for something of value. Only in a few specific instances must the
contract be written. There are typically six categories of contracts that
need to be in writing:

* Contracts involving marriage (including pre-nuptial agreements)
* Contracts that convey ownership of real property (land)
* Contracts that take more than one year to complete.
* Contracts for the sale of goods (not services) above a statutory amount
(usually quite high).
* Contracts by the executor of an estate where debts are paid from the
executor's accounts.
* Contracts where one party acts as guarantor for a third persons debt.

These rules were first formulated in 1677 and was called the "Statute of
Frauds and Perjuries" and the list is still known by the name "Statute of
Frauds." I was taught to remember the list by use of the mnemonic MYLEGS
(Marriage, Year, Land, Executor, Goods, Surety).

Therefore, a vanishingly small number of contracts NEED to be in writing.
A perceptible number of contracts actually ARE written down. 99% of
contracts - exchanges of goods and services we undertake every day - are
not written.

In your case, if you lived in a community property state, you are not
required to sign any contract for it to be valid. In those states,
marriage is presumed to be a partnership and any obligation entered into
by one spouse is equally binding on the other.

He's absolutely right. I learned that in a business law class in night
school 25 years ago. That's why I told him to put in writing. I know I'm
right in my dealings with him. It's just one more thing to deal with.
Here's my response to his email:
You brought plans from the Department of Planning and Development to my wife
and me at our request and we paid you the price we agreed on for those plans
at that time.

You proposed in that meeting to draw up plans which you could submit to
contractors. I asked you to submit the proposal in writing. At no time did
we discuss or agree to a retainer, hourly rates, feasibility study,
arbitration or any of the specifics in your proposal. My wife and I are
absolutely certain of this.


The proposal that you submitted by email on October 30 was in the form of a
Word document titled "Dana Design Proposal.doc " and dated October 30,
2008. The last paragraph expressly states "this proposal is good for five
(5) days only."

Your proposal was unacceptable so we did not respond. Your proposal
expired. We never agreed to pay you to make a proposal, and we do not owe
you any money.