Consumer Law, Warranties Friend that betrayed me

[kristykan]

I sell jewelry in my spare time. I let one of my friend take some of my jewelry so she could help me sell it. She would collect the money for me and so forth. However, this time, she took my jewelry and would not pay up. I asked her to return it back to me but she said I have no evidence against her. I was foolish and did not let her sign any written contract. The only probable evidence is a letter she had written to me a couple of months back indicating she is still collecting some of the money for me. I don't know how I can get her to pay up. Can I bring my case to a small court claim? Please help.

 

[Michael Wechsler]

You can absolutely bring your case to small claims. In fact, if you can strike up some type of conversation with her, perhaps email, letter (or phone call in some states you can record if one party consents) it can be used for proof that an oral contract exists. There is no question that oral/verbal contracts are just as valid and enforceable as written contracts -- they are just more difficult to prove.

World's Biggest Myths #1: Oral/verbal agreements are unenforceable if they are not written and signed. As stated above, they are just as enforceable as any other contract as the law requires sufficient proof that a "meeting of the minds" existed whether in writing or not. While writing is not needed, it certainly helps with proof issues that an agreement existed and what the basis of the terms of the agreement were. It sounds like you have a case and small claims would seem the perfect place to resolve it and at least have your day in court against someone close who took advantage of you. I'm sorry but good luck!!

I sell jewelry in my spare time. I let one of my friend take some of my jewelry so she could help me sell it. She would collect the money for me and so forth. However, this time, she took my jewelry and would not pay up. I asked her to return it back to me but she said I have no evidence against her. I was foolish and did not let her sign any written contract. The only probable evidence is a letter she had written to me a couple of months back indicating she is still collecting some of the money for me. I don't know how I can get her to pay up. Can I bring my case to a small court claim? Please help.