This one guy my brother introduced me to, wanted me to help him create a homepage for his website. He wrote me a check for $200 and I cashed it, but i never did the work, that was a month ago. Im not going to do the work for him (just because I dont feel like it) and he said to expect him to file a suit.
My question is this, does he really have a case againstme? No contract was signed. I could just say he owed me money and thats why i cashed the check.
2007-08-31 14:27:08 · 18 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
can you guys ACTUALLY tell me how he can win the case agaisnt me?
2007-08-31 14:35:03 · update #1
First you are a low life for not doing work you were paid for.
And yes, he can sue you.
Although, he was kinda silly for paying someone for work not completed.
2007-08-31 14:50:22 · answer #1 · answered by Jon 5 · 3⤊ 0⤋
There are three elements of a verbal contract, offer, acceptance, and consideration. The check created a offer , and when you cashed the check, you accepted the contract and the check is consideration for your promise. A binding verbal contract was created, unless you are not of legal age to create a contract, (you have an legal out). In most states the age is 18 and over.
If you are of legal age You are in breached the contract.
If he takes you to court, he can recover damages for your failure to perform according the contract. If he paid someone else to create the homepage, he can sue you for the amount of the check and the cost to have the homepage created by someone else. He may also, be able to prove fraud and get three times the amount in damages. He can get a judgement for the amount the court awards.
If you lie in court claiming he owed you the money, and the judge determines that you can not prove that the money was owed, you can get jail time for prejury in addition to having to pay the amount awared by the court.
If you fail to pay the amount ordered by the court and a judgement is in effect, the judgement will appear on your credit report.
You made the choice to breach the contract and defraud the individual. The cost of this choice may be more than you are willing to pay.
2007-08-31 22:22:36 · answer #2 · answered by oldcorps1947 6 · 1⤊ 0⤋
Yes he can - just like 'hard 4' said; small claims court, even for small amounts. When you loose on the case, not only do you have to return the $200, you will have to foot his and your lawyer's bill. And that could run into the thousands. A contract does not need to be signed - a verbal agreement in Singapore is binding.
2007-08-31 21:40:13 · answer #3 · answered by Anonymous · 2⤊ 0⤋
There was no written contract, but there was an oral one, and those are just as binding. He gave you a check and you cashed it. That's evidence that there was indeed an oral contract. I'd give him the $200 back if I were you. He might even be able to file for punitive damages (could be another $600 if he wins).
2007-08-31 22:11:15 · answer #4 · answered by The Phlebob 7 · 1⤊ 0⤋
Yeah, he can sue you. You have committed a type of fraud (if you never intended to do it then taking the money was fraudulent from the start) or theft (if you really intended to do it at first then decided you'd just stiff the guy). Pay the money back. He'd win far more than the $200.
2007-08-31 21:48:00 · answer #5 · answered by Crystal 4 · 3⤊ 0⤋
So you stole $200 of the mans money and you are upset because he wants to sue you?
You were paid the money in exchange for rendering a service. You did not provide the service. Pay the man back his money you crook.
2007-08-31 21:34:40 · answer #6 · answered by Boots 7 · 3⤊ 0⤋
You aren't going to do the work just because you don't feel like it? Is this what your going to do throughout your life? He sure can sue you and I hope he does and it will be for more then $200 and he will win.
2007-09-04 21:11:38 · answer #7 · answered by SandyO 5 · 1⤊ 0⤋
You DID have a VERBAL contract. You admitted that in your question. Your cashing the check is evidence of SOME agreement. After he proves your were paid, it will be up to YOU to prove you did whatever your were paid for. If you claim he owed you money, YOU have to prove he did.
2007-08-31 21:48:55 · answer #8 · answered by STEVEN F 7 · 3⤊ 0⤋
Ever heard the phrase " what comes around goes around" just give the guy back his money or do the work.
It will probably come down to your word against his and the judge will decide, but if he has witnesses he has a better chance. You know what would really make my day.....if your own brother testified against your sorry ***!!! It's people like you that make it so hard for others to trust one another....you make me sick.
2007-08-31 21:39:37 · answer #9 · answered by wiccangrl29 2 · 3⤊ 0⤋
yes he can sue. anyone can sue anyone over anything. in small claims court he'll show proof of the cashed check. then it will be your word against his. he could bring witnesses. there's a good chance you could lose and you'd have to pay him back. since we're talking about money: my money's on him!
2007-08-31 21:37:11 · answer #10 · answered by Anonymous · 3⤊ 0⤋