Can I sue someone in small claims for the time I had to spend cleaning up a horse stall since they did not do it as per our oral agreement?

I want to know if I have a case to take someone to the small claims court. I had somene who kept her pony at livery with me. She had a verbal contract that when she left the field, stable, etc. would be cleaned so I could let it to another customer. Even though she said she would on repeated text messages, she never did. I had to clean it and raised an invoice for my time and posted it to her. Now she is refusing to pay but her parents came after my letter and invoice and take some of her possessions she had left behind. I have only charged her $44.99 for 2 hours work, renewal of 1 broken post and a roll of electric tape that her pony broke.

Asked on May 17, 2016 under Business Law, New Jersey

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue in Small Claims Court for breach of contract / account stated.  The text messages, your letter and invoice will provide evidence of the existence of the oral agreement.  Without that evidence, it would just be your word against hers.


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