You could sue for breach of contract and, possibly, fraud. The law is still being developed on where you can sue, you would want to talk to a local lawyer and see how your local judge is likely to rule if you sue them where you are located.
There is no specific timeframe to wait before suing them other than whatever the agreement was. Absent an agreement then the law would just state a "reasonable" time.
You would have to appear in person at the trial of the matter but likely that would be the only time. The attorney could file for you but you would have to appear at trial to prove the elements of the case.
You can sue for your attorney's fees as well.
I assume I could sue for other associated fees as well including the CA licensing/transfer fees, Fedex etc? Is there a cut-off amount for small claims vs. regular civil court? The amount is over $500.
Yes, all of your charges.
In CA small claims is up to $25k.
Would it be reasonable to wait say a week or two beyond the "contract" time before ramping up legal action to allow them "reasonable" compliance time?
Usually 7-10 days is a pretty reasonable amount of time.
If you speak to a lawyer they may even want to send them a letter and give them a deadline.
Are affidavits admissible in AZ courts--i.e. if I got my local licensed agent to write out their involvement, etc.?
No. Affidavits are hearsay for trial purposes.
Your lawyer can do a deposition or a deposition on written questions and that will suffice.
Ok. I have a paper trail from the local agent anyways, because they emailed and also gave me a written receipt for the license transfer fees.
Anything else I can assist with?
No. I just wanted clarification in advance of doing anything.
Best wishes to you.
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