When it comes to any legal dispute, the question that arises most frequently is “Can I take someone to small claims court on a verbal agreement?” The answer is yes, but it can be challenging.
A verbal agreement is a legally binding agreement that is made between two parties without a written document. It can be anything from a simple handshake agreement to a more complex agreement that involves a verbal commitment to pay a certain amount of money for a particular service. In most cases, verbal agreements can be legally enforceable, but the question is whether or not they are easily provable in court.
In terms of small claims court, the process can be relatively straightforward. However, the burden of proof is up to the person making the claim. If there is no written agreement or documentation, it can be tough to prove that a verbal agreement was made, let alone the terms of that agreement.
Before taking someone to small claims court, it’s essential to have as much evidence as possible. This can include witness statements, emails, text messages, and even voice recordings. Any documentation that can establish the existence of the verbal agreement can be used to support your case.
The next step is to determine whether the agreement is legally binding. Some verbal agreements may not be legally enforceable, such as an agreement that is made for something illegal or immoral. In addition, there are certain types of agreements that may require a written contract, such as real estate transactions.
Assuming the verbal agreement is legally binding, the next step is to determine the terms of the agreement. This can be challenging, as there may be discrepancies in the recollection of the agreement by both parties. Ideally, the terms of the agreement should be clear and concise at the time of the verbal agreement.
If you decide to take someone to small claims court on a verbal agreement, it’s important to remember that the decision ultimately lies in the hands of the court. The judge will hear both sides of the argument and make a ruling based on the evidence presented.
In conclusion, taking someone to small claims court on a verbal agreement can be challenging, but it’s possible. It’s important to have as much evidence as possible to support your case and to ensure that the verbal agreement is legally binding. Consulting with a lawyer or seeking legal advice can also be helpful in navigating the process.