Do verbal agreements hold any weight in a small claims suit?

I took a handful of jobs through my brother’s company – landscaping jobs. I have text messages as well as emails but amongst all of the text/emails there is no mention of us entering into a contract. That was all done verbally. I have a lot of information very clearly implying that is what took place but nothing solid saying that we entered an agreement on a certain date or what the terms were. I also have plenty of “Before and After” pictures of each job I completed. I’ve sent invoices in attempt to collect the money, but have received nothing. I’m not sure if I should spend the time or money on filing a small claims case.

Asked on July 15, 2014 under Business Law, Michigan

Answers:

Shawn Jackson / The Jackson Law Firm, P.C.

Answered 6 years ago | Contributor

For most situations, verbal agreements are as enforceable as written agreements...albeit the "burden of proof" issues are different. As with any contract, verbal or otherwise, you will need to show a "meeting of the minds" that reflect an exchange of products/service in exchange for money...and with verbal agreements, any documentary evidence that support the "meeting of the minds" will be helpful. So, discuss this matter with an attorney of your choice to have them help you prepare your case.

Shawn Jackson - California Business Development Attorney


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.