Is there any recourse when you have a verbal contract with someone & then they do not pay you or honor it? I always thought there was such a thing as a "verbal contract." Is it a joke these days?
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YouWinImOuttaHere
ANSWERS: 7
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From what I have heard over the years from all different sources, the thrust has been to "get it in writing". People tend to have very bad memories when it comes to money owed or services promised. A contract in writing is something substantial that you can bring into a court room if you must.
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If the other person agrees that you had a verbal contract and he simply chose to ignore it, you can take it to court and try to win a decision. That still might not cause the person to honor it. If the other person denies there was ever any such agreement, you would need some kind of proof, such as someone else who knew of it. Unless you are talking about a lot of money, it probably isn't worth the aggravation. You just have to call it a learning experience (and learn from it!).
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You can try this....Send your debtor a statement , certified mail, indicating that they owe you twice as much as what they really owe. If you're lucky, they may send you some sort of correction. Presto, you have documentation to go to court.
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Unless you have something in writing, you're pretty much screwed. Yes ! The person has absolutely no integrity. Yes ! It is wrong . No ! There's nothing you can legally do about it. Just consider it a hard life's lesson & move on. ALWAYS GET IT IN WRITING .
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A verbal contract is a binding contract, just like a written contract. However, as previously stated, it is very difficult to enforce. If you are talking about a serious amount of money, it may be beneficial to talk to a lawyer and see what your chances might be. Verbal contracts get enforced through the court system all the time, though, so it's not impossible.
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Watch Judge Judy. She spends half her time questioning people to see if a verbal contract was agreed. And then enforces it.
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You have a contract. That's all you need. Send a letter asking for the debt's payment by a particular time - say in a week, perhaps - or else you will seek just resolution in court. If the debtor does not make the payment owed in time, file a civil lawsuit to collect damages. You can request a trial by jury. They'll hear your story and likely be fair to all sides. That is, you'll get paid and you'll teach a lesson to your debtor and - speaking as a Tom Cruise expert, you might use what you've got - I recommend saying at the end: "your ego's writing checks your body can't cash!"
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