wrote in message
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On Mon, 17 Nov 2008 01:49:44 GMT, "olddog" wrote:


"Kenneth" wrote in message
. ..
On Sat, 15 Nov 2008 23:05:56 -0800, "Info"
wrote:


"HeyBub" wrote in message
news:tvCdnWDPz9WH24LUnZ2dnUVZ_qadnZ2d@earthlin k.com...
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.



Howdy,

No lawyer I, but...

'Seems like a fine response. Clear, fully descriptive, and
firm in tone, but...

When, or if, you get a response, just ignore it.

You have no obligation to this person whatever (in fact, you
don't owe even your carefully crafted response above.)

So, in the unlikely event that you get a response, instead
of putting more time into this mess, take your wife to
dinner.

(and after that, remember to mention your experience to
folks you know in your community...)


Oh great...then he'll come after him for slander. LOL

Olddog

Truth is an excellent defense against slander suits.


I was being facetious. He's shaking him down for one thing, he'll have no
problem with another.