Can email be used in court. Verbal Agreement - Small Claims Court Issue

[bmsentosa]

I hope someone can help.

7/4/03
I got a job on Indonesian soap opera. The producer said they needed to get scripts (19 total) translated into English in a hurry.They are will to pay $150.00 each (Verbal Agreement). I said okay.

7/22/03
I also got another position as a camera assistant and signed a contract for dates July 22 - Aug 25th. Note: Separate from Translation services

7/24/03
The crew walked off the set because of bad management.

Problem:
I completed the translation job as requested, and gave them the translated scripts. But because of the walk off they are saying that I am not entitled to the payment. It states in the contract I will not receive compensation for the job (camera assistant contract) I'm fine with that, because I only worked two days.

Situation:
I would like to get my translation service money totaling $2000.00. I have been in correspondence with the company for the past three weeks. In our correspondence they acknowledge that the verbal agreement is true, but they are either unable or unwilling to pay the amount.

Question:
All the correspondence we have had are in the form of very lengthy emails. Does email correspondence hold up in Small Claims Court? Does their acknowledgment of a verbal agreement in the emails constitute as a binding contract?

Any help you can give me would be appreciated.

 

[Michael Wechsler]

Originally posted by bmsentosa:
I hope someone can help.

7/4/03
I got a job on Indonesian soap opera. The producer said they needed to get scripts (19 total) translated into English in a hurry.They are will to pay $150.00 each (Verbal Agreement). I said okay.

7/22/03
I also got another position as a camera assistant and signed a contract for dates July 22 - Aug 25th. Note: Separate from Translation services

7/24/03
The crew walked off the set because of bad management.

Problem:
I completed the translation job as requested, and gave them the translated scripts. But because of the walk off they are saying that I am not entitled to the payment. It states in the contract I will not receive compensation for the job (camera assistant contract) I'm fine with that, because I only worked two days.

Situation:
I would like to get my translation service money totaling $2000.00. I have been in correspondence with the company for the past three weeks. In our correspondence they acknowledge that the verbal agreement is true, but they are either unable or unwilling to pay the amount.

Question:
All the correspondence we have had are in the form of very lengthy emails. Does email correspondence hold up in Small Claims Court? Does their acknowledgment of a verbal agreement in the emails constitute as a binding contract?

Any help you can give me would be appreciated.

You can and should use those emails to prove the existence of the verbal agreement. Additionally, it would seem that the company has no reasonable defense and you might ask for damages for having to go to court. It would seem that they just simply don't want to pay you because they have no need for the scripts any more -- but they were obligated to pay you in full once you delivered the script to them and fulfilled your end of the bargain.

A commonly misunderstood fact is that simply because an agreement is oral does not mean it is unenforceable -- in fact it can be and written evidence that proves the existence of the contract is good evidence to use. In addition to stating that there is a contract you might be able to use the theory of "unjust enrichment" -- which seems to be somewhat self-explanatory by its meaning. Good luck!!!

 

[saleslaw]

Where??

The bigger question is where is the company HQ'd? If it's off shore, forget about it... you'll spend far more time, money & effort to recover.

Best course of action is a polite letter outlining the misunderstanding to a Sr. Executive and requesting payment. Otherwise, I think you're out of luck.