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Verbal Contract

Discussion in 'Commercial Landlord & Tenant Issues' started by zekester13, Nov 4, 2008.

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  1. zekester13

    zekester13 Law Topic Starter New Member

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    My jurisdiction is: Missouri

    I am being sued for money owed on a lease which I broke. I do not dispute the money owed, I dispute the fact on how the payment was to be made via verbal agreement.
    I was told that I could pay as I could and that as long as I did there would be no legal recourse.
    I have been paying for 4 yrs....now they are sueing me....isn't the fact that I paid for this long and that they accepted payment, proof that some agreeement was made between the two parties?
    I am sure that they are sueing thinking the statute of limitations is running out, but as long as I am paying...the statute never runs out....correct?
    I would like to send some more info on this privately if possible on how to handle this.
    just a bit more info....after about a year of paying, I had a check returned to me uncashed....I made the mistake of assumng the debt was clear. They reported me to a collection agency....it got on my credit report...(which is how I found it) I called them and told them I would resume payments after this was all taken off my credit report...they did so...and i resumed payments...

    Thanks for your time....

    Zekester13
     
    Last edited: Nov 4, 2008
  2. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    How much are we talking about, how much are you paying and how frequently are you paying this owed money back?

    Still having to pay for owed rent four years later would imply that either this amount was significant, you are paying only very small amounts back or you are going long periods between payments.

    If the latter two your previous landlord/management may be getting tired of waiting for this debt to end and are trying to speed things up.

    Gail
     
  3. zekester13

    zekester13 Law Topic Starter New Member

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    amount was signifacant...but have paid each month for 4 yrs.....as per agreement...whatever I could afford....
     
  4. zekester13

    zekester13 Law Topic Starter New Member

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    I have found this case law....does it not apply?

    "Commercial Union Assocs. v. Clayton, 863 P.2d 29, 34 (Utah Ct.App.1993)
    Estate Landscape and Snow Removal
    Specialists, Inc., v. Mountain States Tel. and Tel. Co., 844 P.2d 322, 330 (Utah 1992) ("[A] party's
    conduct may be conclusive proof of acceptance ...").โ€

    Becker v. Hsa/Wexford Bancgroup, L.L.C., 157 F.Supp.2d 1243 at 1248-1249 (D. Utah, 2001"
     
  5. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Perhaps they have decided this payment amount is not enough for them?

    Having sat in on Civil/Magistrate court (Georgia's version of Small Claims) listening to cases such as these (where the defendant acknowledges they owe this money) I have noticed our judges always ask the defendant what is a reasonable amount they can pay each month and still be able to afford rent and groceries.

    Once the defendant comes up with a figure, this amount is added into the actual judgement. That way each party has a good understanding of what to expect in payment each month.

    Gail
     
  6. zekester13

    zekester13 Law Topic Starter New Member

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    fact still remains....was it not a verbal contract?.....due to the credit rating I can pay thme anything now.....

    I found a case....would this apply?

    Commercial Union Assocs. v. Clayton, 863 P.2d 29, 34 (Utah Ct.App.1993)
    Estate Landscape and Snow Removal
    Specialists, Inc., v. Mountain States Tel. and Tel. Co., 844 P.2d 322, 330 (Utah 1992) ("[A] party's
    conduct may be conclusive proof of acceptance
    ...").โ€
    Becker v. Hsa/Wexford Bancgroup, L.L.C., 157 F.Supp.2d 1243 at 1248-1249 (D. Utah, 2001
     
  7. zekester13

    zekester13 Law Topic Starter New Member

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    But is still a verbal agreement?....is it not.....?
     
  8. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    It is difficult to prove a verbal agreement in court.

    Gail
     
  9. zekester13

    zekester13 Law Topic Starter New Member

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    How hard can it be?

    Verbal easy to prove based on the actions of both parties....This has been going on for 4 yrs and the minute I missed a payment I was reported to the credit agencies.....I called and reminded them that we had made an agreement...they removeded all references to the account and I continued to pay...

    I have record of every payment and awaiting on discovery from the plaintiff....

    Isn't that enough?

    Commercial Union Assocs. v. Clayton, 863 P.2d 29, 34 (Utah Ct.App.1993)
    Estate Landscape and Snow Removal
    Specialists, Inc., v. Mountain States Tel. and Tel. Co., 844 P.2d 322, 330 (Utah 1992) ("[A] party's
    conduct may be conclusive proof of acceptance ...").โ€
    Becker v. Hsa/Wexford Bancgroup, L.L.C., 157 F.Supp.2d 1243 at 1248-1249 (D. Utah, 2001
     
    Last edited: Nov 5, 2008
  10. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    Present this information to the court since they have decided to sue you; you have a past history where they have agreed to this payment schedule before for four years. Bring your documents to court to present them to the judge.

    Gail
     
  11. zekester13

    zekester13 Law Topic Starter New Member

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    can I use Utah Law in the this case...even though it is in Missouri?
     
  12. Gail_in_Georgia

    Gail_in_Georgia Moderator

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    When I said present this information, I meant the information that you have been making regular (although likely small) payments on a regular basis as opposed to quoting law cases to the judge.

    Gail
     

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