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Home > Law > Small Claims   »   Can I use this to take someone to small claims?

 
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Old Jun 6, 2006, 06:16 PM
Gina C
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Can I use this to take someone to small claims?

I am going to make it short and sweet. We went to settlement on the our purchase of a home and, because I thought I knew the person we bought our home from I did not take a written agreement. BIG NO NO on my behalf realizing that now......

The agreement was for the seller to come back and repair the counter top that is cracked and, not affixed to the counter it is just sitting on the counter top. because,I did the big bo boo of no written agreement. Will a message left on my ansering machine by him hold up in small claims as proof? The meassge left states. hi, Gina I am just calling to see when I can come with my contractor to fix the counter top. Please help!!!!!!!!!!!
Thanks alot.....

Gina


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Marj Ann agrees: Souds like 'failure to perform on a contract! [Verbal is a contract] The Judge may agree it's NOT logical you'd accept the condition WITHOUT specifying it was ok with you or any $$$ 'concession' to compensate you. I'd SURE TRY!
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Old Jun 6, 2006, 07:56 PM   #2  
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Maybe, verbal agreements are often all small claims court has to go on.
And often just the fact that they are sued makes them settle.

I would go for it, what do you have to loose except for the filing fee

I would try it even without the tape on just my word
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Old Jun 6, 2006, 11:06 PM   #3  
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And once you trap him, bring out the tape!!!

Someone did that on People's Court once
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Old Jun 7, 2006, 07:38 AM   #4  
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Hello Gina:

I think you absolutely CAN use the evidence you have. And, I think you'll kick his butt.

excon
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