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Can I be taken to small claims court for a verbal money agreement?
Anonymous5 views3 answers
I had a verbal contract with grandparents for borrowing 1200.00. I explained to them that I would have the money to pay them in March. when the time came to pay them I was asked if I would help paint their house instead. I agreed. I did some work around the house and then received a voice mail that stated some things came up and we would need to postpone the painting. I waited for them to call me and now I was told that they are taking me to small claims court for not getting in contact with them or paying the money.
Yes, they can take you to court. Oral contracts are enforceable. They will have to prove what the terms of the contract were. It sounds like you agreed to a modification to the terms or an accord and satisfaction, but then they renegged on the modification. Regardless, if they loaned you the money, and you have not paid them back or provided something in return that they agreed to, you still owe them and they can take you to court.
Absolutely. A contract doesn't have to be written. You made an agreement. You haven't paid them back. Not having the money won't keep you from being sued. If you value your relationship with your grandparents, you might want to show you are making a good faith effort to repay your loan and give them what funds you can right now and set up a reasonable payment plan for the future.
You borrowed the money and you owe the debt. You might, in court, be able to convince the court that you had an agreement to repay the loan with labor you are prepared to provide but if that doesn't work you owe the money.
