Someone claims I own a small amount of money, and claims this is part of a contractual agreement. I can’t find the contract and asked for them to produce a copy of the contract bearing my signature as proof of their claim. I have asked for this 2x in writing by way of email. My email has been acknowledged 1x but they only reiterated that I'm obligated to honor the contract. So far they have not produced the contract.

What is the appropriate next step?

Thanks

Not all contracts need to be in writing; a signature is not required either. Part performance or detrimental reliance can also create duties. Otherwise, I would wait to see what they intend to do about the apparent "breach" of the alleged contract.

I wanted to see my signature as I don’t know but they may have changed their contract since I signed.

I don’t know what that means.

They have threatened that that if I don’t pay by their stated deadline they will bill me additional amounts.

First off, did you do any type of business with this operation?

Second, asking for (via-Certified, Return Reciept) proof of the contract (completed out, including your signature) will show a court (if it should come to that) you're attempting to resolve the issue.

Third, from some past experience, if you at least do the second item, they can stand on their heads all day long...it stops any additional charges they may attempt to intimidate you with...however, since I've never pretended to be a lawyer, but snoockered one, your results may vary if you do anything I write up here, so check the local "free-clinic" of lawyers that may be in your area or drum up a few bucks to pay for one to CYA.

And, if the idiots decide to Small-claims this p!ssing match, be sure to bring your paperwork to court. Don't give them anything, make them pay out of their own pocket to copy anything. Better yet, make sure you don't give them anything other than what helps your side of the argument.

You may need to go into "mediation" - a step that allows both parties to come to some agreement with a court-appointed/approved individual. Be sure the person doing the "mediation" is really neutral. Otherwise....

GL!!

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M. G. Burg
'10 - Dakota SXT - Daily Ride / ≈ 172.5K
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.......'74 - Honda CT70 / Real 125
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“I didn’t really say everything I said.”
. . . . . . . . . . . . . . . . . . ~ Yogi Berra ~

Sounds like harassment or an attempt at extortion -- inform them that you'll be pressing charges if they don't desist in contacting you.

that was my thinking.

a year ago or so, my buddy was contacted by his ex wifes new husband that claimed he had a gun in his possession that did not belong to him. made the claim that the gun was in his wifes name and if not given to them they would take him to court. we knew they were full of **** due to the fact that guns do not get registered in az. he did however have the store HE bought it at give him a copy of the background check that was all done in his name. when the new husband called him the second time threatening to have him arrested, he told him "take me to court".

nothing ever came of it, but he had his ducks in a row just in case.

i told him if they take him to court, he should counter sue for a couple thousand, and then at the end of it all give her the gun as a final **** you

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have no worries.....President Obama swears "If you like your gun, you can keep it

No proof = no contract

They are just intimidating you.

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1985 300D 198K sold
1982 300D 202K
1989 300E 125K
1992 940T

"If you dont have time to do it safely, you dont have time to do it"

"The democracy will cease to exist when you take away from those who are willing to work and give to those who would not."

She: He rear-ended me.

He: No, she backed into me.

Thanks all for the added comments!

In this particular case they may have justification in the contract for what they are demanding. I don’t know. If they do have justification, I have no problem paying what they are demanding, nor do I have a problem meeting their deadline. But I don’t think it is unreasonable for them to provide proof of their assertion. So far they are unwilling to do so. I just don’t want to get a whack on my credit rating due to their refusal to comply with my request. And I don’t know if they are obligated to comply with my request.

^Thanks, that works for me!

BTW, I read about "detrimental reliance" Detrimental reliance legal definition of Detrimental reliance. Detrimental reliance synonyms by the Free Online Law Dictionary.

...and walked away confused.

it goes along with the concept of estoppel.

That's true under certain circumstances and in certain states, but they might have a hard time making those arguments while simultaneously asserting rights under a written contract.

I am not aware of any way to compel them to produce the contract until suit has been filed, which really bites.

Consider stepping up your efforts to get them to show you the contract. You might want to start daily phoning, emailing, writing, and/or, if feasible, stopping by their office. Being a squeaky wheel often works.

mgburg has given the best advice so far.

If supposed Contract is legitimate and they are entitled to get paid what possible reason could they have for not sending the Person who they believe owes them Money a copy?

What I am think is the People that want the Money don't have their copy of the Contract either.

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84 300D, 82 Volvo 244Gl Diesel

I had a miserable experience some years back. Basically I quit a service provider and asked for the final bill. The bill that came was outa sight. Phoned them and asked what was going on.

They quoted I would pay it rather than have my credit damaged. Kicked this back and forth for months. We do not use credit to start with for anything basically except a credit card for convienience and air miles we pay off each month.

Eventually we got down to the wire and they said since you are not going to give up we will settle for so much money. Actually just the amount we originally owed. Sick large north American company.

They must be cognizant that after this treatment a customer would never return to them unless there were no other provider. I also was amazed when I found the treatment I received was just typical of them.