i have recently done some work for someone who is pretty
trustworthy and usually pays for my work but on this occasion
i think he feels he has paid me too much in the past and will not
pay me for 4 days work equivalent to approx 1000 pounds.
we don't have any contracts between us and he has paid before.
the only witness i have is his secretary but she would not volunteer obvious against her boss...
the only other person is the client who i did the work for but they have never seen me although they have received my work so if i could justify that i did the work and get the client
to agree they received it could i use this as evience?
or can i force the secretary to court as a witness as i was in the
office on those days?
2006-12-29 02:51:03 · 11 answers · asked by willywinkle 1 in Politics & Government ➔ Law & Ethics
the secretary can be subpoenaed and forced to testify
2006-12-29 02:55:03 · answer #1 · answered by Anonymous · 2⤊ 0⤋
you could force the secretary as a witness but don't expect the truth. A contract does not need to be in writing - a verbal contract will suffice. If you have evidence that you have worked in the past at £250/day (if that's what you are earning) then you should produce this ... that way you can prove an unwritten business contract exists between you at that rate. But I'm afraid it is up to you to prove the point. Your client can obviously prove that the work in question exists and you should have some proof that you did it (files, copies of papers, drawings?). A good solicitor should win this case for you, don't go for a cheapie, I'd get a good one as his costs will be paid by the other side (assuming you win). Good luck.
2006-12-29 03:01:53 · answer #2 · answered by gorgeousfluffpot 5 · 0⤊ 0⤋
Although you can subpoena the secretary you probably should not do so as you have no idea if she would be truthful while testifying.
Never ask a question you do not already know the answer to.
As far as your case, there's no reason you can't testify as to the oral contract that existed between the two of you. He agreed to pay you x in exchange for doing y. Make it clear when the two of you made this agreement, and be as specific as possible when describing what work you actually completed.
2006-12-29 02:55:11 · answer #3 · answered by Anonymous · 2⤊ 0⤋
Yes and yes. though I would use the secretary only as a witness to what you were paid in the past, if you don't have documentation. I always get a signed work order- due to the same thing happening to me- for future reference. Get photos of your work and a signed notarized affidavit (?) from the client so they don't have to go to court with you- make sure its got quality, days worked and such all on there and that they themselves paid your "payer" for the work too- some kind of copy of the check and or bill would be good----Good Luck
2006-12-29 03:03:06 · answer #4 · answered by ARTmom 7 · 0⤊ 0⤋
It maybe more effective if you comment that this person has paid you on time in the past and was always happy with you work before. In a small claims suit, you dont have to prove beyond a shadow of a doubt. You just have to convince the judge. Let him know that the verbal contract had been sufficient before. Not badmouthing him would serve you better.
2006-12-29 03:04:49 · answer #5 · answered by JC 7 · 2⤊ 0⤋
nicely, it would want to help, yet there aren't any warranties. merely print the full web page and delivers it a try. by ways; at courtroom you may't say "an quantity lower than $500" (that is from $499.ninety 9 to 1cent); at courtroom you should tell precisely how a lot you loaned. EDIT contained in the transcript he admits to owe you the money so as that could want to be sufficient. And the witnesses is even extra effective. nevertheless be sensible that there aren't any warranties that you'll win. As for the $2.50 i does not care to point it till he were given a receipt. besides in series prices he owes you more suitable than that. bypass to small declare courtroom, over there you do not favor to make investments in a legal professional, yet you should pay a fee.
2016-12-01 07:23:47 · answer #6 · answered by crabtree 3 · 0⤊ 0⤋
You can get the secretary to attend court as a witness but whether she speaks or not..well, that remains to be seen! IS she the type that would honour the oath to tell the truth!
A letter from a solicitor threatening court action usually works!
2006-12-29 02:56:38 · answer #7 · answered by jamand 7 · 0⤊ 0⤋
A verbal contract in this instance is as binding as a written contract. I assume you did the work as instructed by the"trustworthy" individual. If you sue anybody it should be him. Try issuing proceedings in your local county court. This may cause him to see the error of his ways, although you probably won't get any more work from him. Would you worry about that?
2006-12-29 03:13:03 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Subpoena the secretary. Loyalty to her boss is unlikely to run to perjury so you will probably get paid prior to the case being heard.
2006-12-29 02:59:00 · answer #9 · answered by Clive 6 · 0⤊ 0⤋
You can summons the secretary to court - this will all cost you though - it may be that if you loose your claim you will have to pay out twice the amount owed to you. seek professional legal advice from the citizens advice bureau.
2006-12-29 08:12:41 · answer #10 · answered by Just me 4 · 0⤊ 0⤋