Can I sue if there was no contract but only text messages?

I let someone buy 2/4-wheelers under my name and credit in order boost my credit score and help me buy a house to support my wife and 2 newborns. there was no contract, only the agreement that he would make the monthly payments until paid off I have text messages verifying this. he has not made a payments in over a year and has no intention of making anymore payments and my credit score and relationship with my children has suffered consequently. do I have a plausible case to sue?

Asked on June 11, 2012 under Bankruptcy Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A contract does not have to be a single formal piece of writing; a contract exists when there is mutual agreement between two parties (or "offer and acceptance"--one party makes an offer to another, which the other then accepts) and an exchange of consideration, or promises or things of value (like a promise to repay). A contract can be found from an oral (sometimes called verbal) agreement; it can also be found from text messages or emails. Whether there is a contract in this specific case depends on exactly what was said and done, but it is at least possible that you have an enforceable agreement. It would be worthwhile to consult in detail with an attorney about this situation, to see what your rights and recourse might be. Good luck.


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