I am being sued for money that another person says that I owe him. No verbal or written agreement on the amount I owe him exists and I disagree with amount being demanded. Wha tare my options and does he have a strong case to win in court?
2007-03-01 08:35:48 · 18 answers · asked by chill 2 in Business & Finance ➔ Small Business
It depends on whether he can get the judge to believe that an implied, spoken, or written contract existed. It is hard to prove that a spokne contract existed when it's one word against the other. It is even harder to prove that an implied contract existed. You just have to try to win your case but, depending on the argument that the plaintiff makes, you could lose.
2007-03-01 17:16:01 · answer #1 · answered by Anonymous · 0⤊ 0⤋
WAY to many variables to really give a solid answer but here goes:
If there is no promissory note, or contract, the best evidence the other party could provide would be canceled checks written drawn on a bank account. If the other party gave you cash, well they are quite foolish.
Evidence such as checks made out to you is not necessarily indicative of a loan, but it does show money exchanged hands. If the other party can also show via other evidence, testimony or witnesses that there was an agreement, or meeting of the minds, as to eventual repayment of the funds then they have a better chance of prevailing.
The lesson is put everything in writing or hire an attorney. this is not legal advice nor should such be relied upon as such, consult a local attorney if you need further help= my disclaimer
Good Luck
2007-03-01 08:45:06 · answer #2 · answered by SirSmartAzz 2 · 0⤊ 0⤋
He has the burden of proof that a contract (written or verbal) existed.
If he cannot show the judge (or jury) that such a contract existed, he can't win.
Your lawyer, if you choose to get one (might be a good idea, if the amount of money is high), can file a motion to dismiss on the grounds that no contract exists. Unless this person's lawyer can convince the judge that there was a contract, the judge may just dismiss.
2007-03-01 08:40:45 · answer #3 · answered by Jay 7 · 1⤊ 0⤋
Sounds like he's provided you with goods or service. That would imply that you owe him SOMETHING. The issue is apparently the amount. You should probably attempt negotiation before it comes to a courtroom issue.
Usually a small claims court will force the parties enter into arbitration before they will take it to trial. In that case, both parties would be court ordered to pay a professional arbitrator. This is not cheap, and in most opinions, wasted money.
You need sit down together, and iron it out before it gets out of hand.
Good Luck!
2007-03-01 08:56:22 · answer #4 · answered by thomy8s 4 · 0⤊ 0⤋
If there is no proof or a written or oral contract...that's good.
If you have paid some monies to the other person...that shows that some type of understanding did exist.....that's bad.
If no money ever changed hands...that's good.
If you received something from the other person, which shows that you might be obligated to him....that's bad
If you are only disagreeing on the amount being demanded....that's bad.
2007-03-01 08:43:13 · answer #5 · answered by skwonripken 6 · 0⤊ 0⤋
If you failed to fulfill a contract, he does have a chance, whether you agreed on an amount or not. I know, because my wife and I won a small claims suit against a contractor. The contractor stated that he didn't owe us anything, the courts said otherwise. In fact, we were awarded more than we asked for.
2007-03-01 08:45:45 · answer #6 · answered by Jeff W 2 · 0⤊ 0⤋
Well from what i've seen on tv... his only case is "word of mouth" .... they are going to ask for some kind of proof ... it really depends on what he is talking about because lawyers have ways of turning it in ways to like make it seem like you do in fact owe them money... if you are sure you do not owe them money and they have nothing to show.. you just have to take a strong stand in convincing the judge they are full of it..
2007-03-01 08:41:35 · answer #7 · answered by Anonymous · 0⤊ 0⤋
WOAH!!! Befor you go to court listen to me. It doesnt matter about contracts or anything... I GOT SCREWED> I helped a friend out of JAil as his bondsman.. I figured he couldnt pay rent money in ther and he was my roomate... As the bondsman you get it back after he goes to court and he is far from the trype of guy that gets arrested (pissed off ex gf). So I knew Id get it back... He moved out and stuck me with the apartment that was way outa my budget. He sued me for the bond money saying that he payed me back and I owed him the ckeck! (when the bondsman gets reimbursed) So I counter sued him for the rest of the rent HE WAS ON THE CONTRACT> Happens that he kinda started dating the apartmant manager and she took him off the lease WITHOUT MY PERMISSION and they all screwed me over! I had to pay twice for that Jerks Bail and I lost on on rent I SOOOOOO GOT Screwed. Thank god for parents or Id be in the poor house. ITs all what the Judge Believes... I think he was a bitter divorced mand cause it was a woman bashing fest! They even had my ex bf up they saying how bad I was to him... I was not and why would it matter anyways?
He said he paid me back in Cash... how convient! no proof and still he got away with it!
2007-03-01 08:49:23 · answer #8 · answered by lowclearence 2 · 0⤊ 0⤋
If you disagree with the amount, then you must have made some type of agreement for any amount to exist. It sounds like you are hiding something. Not good.
2007-03-01 08:40:52 · answer #9 · answered by Anonymous · 1⤊ 0⤋
There are more than one kind of a contract, they are not all written. Their is implied and verbal as well. If I were you I would talk to a professional becuase you could end up paying if you dont have a good deffence.
2007-03-01 08:41:04 · answer #10 · answered by Sentient6 4 · 0⤊ 0⤋