A Verbal Contract can be a digitally recorded agreement between two or more people. This agreement is digitally recorded on computer equipment so that the parties to the agreement have a permanent, exact copy of their agreement. Each Verbal Contract has a unique serial number, and a time & date stamp.
A Verbal Contact can also be a contract voiced between 2 or more people with only the promise of upholding it. These have very limited legal recourse since you can not really prove what they did say or did not say.
2007-02-08 08:23:23
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answer #1
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answered by murkglider 5
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I don't think you'll find free legal advice, but in small claims court it doesn't cost much to sue, and most people do it without a lawyer.
The problem with verbal contracts is that the terms of the contract aren't set down anywhere. You'd have to get him to admit that he made the verbal agreement and what the terms were in court. If he lies, you and the judge can try to poke holes in his story, and the judge will try to decide who is telling the truth. If the judge can't decide what your agreement was, you'll just get a warning from the judge to do business in writing in the future.
A verbal agreement weakens your case, but if he isn't careful with his lies the judge will know he was lying. You did the work, so you must have had some kind of agreement--he can't say he never talked to you. If he says something ridiculous, like the down payment was the whole payment, the judge will look at the amount of the down payment and the work done to decide whether it could reasonably be believed that the contractor thought this was the whole amount to be paid to you. If he only gave you one check, the judge should ask you when you complained about the check amount, and why you cashed it if it was improper.
Best of luck--this is a mess. If he owes you less than $500, you may want to just keep asking him for it or forget it--suing him may be more trouble than it is worth.
2007-02-08 16:19:19
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answer #2
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answered by wayfaroutthere 7
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There is a such thing as a verbal contract, but upon it being broken it is your word against theirs. Getting that person or those people to admit the terms of the agreement in court is a long shot. If, however you have any witness' or several folks you have told this to since the "verbal" beginning. You'll need to have them as character witness' in the event this goes to a civil trial. You may also want to ask around to see if this person has a trail of broken promises to other customers. If so, you may ask them to appear or simply sign a notarized affidavit. Put your details on paper and study them into memory as to if you change any part of your story even slightly, you'll lose your credibility. Hopefully the other party will make a detail mistake and things go your way. To initiate the case just go to your local magistrate or district court and tell them you want to open a civil complaint/suite. You will have to pay depending on the size of your claim a fee to get the ball rolling. If it is feasible, get an attorney. If, you can not afford one go to your phone books, blue pages and look for legal aid under county government. Where this information is in your phone book will depend on where your from. Good luck, email me for further guidance, i can help.
2007-02-08 16:38:20
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answer #3
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answered by bman 3
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An oral contract is a like any other contract except it's not written down. It is a mutual exchange of promises: I will do THIS for you if you give me THAT. If both sides agree to the terms, then you have a contract. Oral contracts are binding, but as other people here have noted the problem is to prove them and their terms. Oral contracts can sometimes violate the law, for example, some laws regulating home improvement contractors require them to use written contracts with all their customers.
2007-02-08 16:46:17
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answer #4
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answered by AnOrdinaryGuy 5
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