Arizona Contracts Legal Questions

You can seek dismissal, but if I understand the situation, you will not get it.  Even if the texts don't constitute a cvalid contract (they may or may not), your ex paid off your credit card debt.  At that point she became subrogated to the credit card company's claims against you.  In other words, once she paid off  your creditor, she became your creditor.  You can claim that this was intened to be a gift, but the texts contradict that position and, at any rate, that is not an issue which can be determinecd on a motion to dismiss on the pleadings.... Read Answer

Your agreement should be enforceable IF YOU CAN PROVE IT, which will be very difficult (assuming the family opposes you) after your bf passes.  The fact that you made all payments doesn't really prove anything, since you could have been paying him for the use of the car, or many other explanations.  Moreover, if Arizona still has the Dead Man's Statute (this is an ancient law still in force in many states, including NY, but I don't know if AZ still has it) you will be barred from testifying as to any oral agreements you had with your deceased bf, although you will be allowed to present documentary evidence if you have any.  The best thing for you would be to have your bf sign over the car to you now, or execute a will leaving the car to you, or at least sign an affidavit attesting to your agreement.  You need to have some proof of the contract beyond just your word.... Read Answer

You are entitled to have the work corrected at the contractor's expense. This means, generally, that you may hire a third-party contractor to correct the mistakes made and then sue to recover the reasonable charges of that third party. Note that you will likely either have to (a) actually pay for the repairs yourself before your can recover them from the "bad" contractor, or (b) hire an expert witness to prove the amount of your damages in court. In either case, you have no assurance of collecting the actual amount you have paid for repairs, and you will likely not be able to recover your own attorneys' fees for doing so. Moreover, the court will want a principled reason -- not merely your "feeling" -- for why you refused to allow the original contractor to correct his work.... Read Answer

No.  They cannot send you to jail for owing a debt.  Actually, if the company contacting you regarding this debt is a collection agency, and the company threatens you with jail, you may have a lawsuit against the agency for violating the Fair Debt Collections Practices Act.  You should contact a local consumer rights attorney to determine your rights, and how to proceed. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read Answer

To determine when a payment is due on an invoice, it depends primarily on what product was sold to you or what service was provided to you.  Generally, if a product has been delivered to you or a service has been performed for you, then the invoice is due and payable upon receipt.  Some invoices may indicate "Net-30" or similar language -- which language would indicate that the seller expects payment within 30 days.  The best thing to do is to contact the seller or service provider to inquire when the seller or service provider expects payment.... Read Answer