Legal Question in Civil Litigation in California

verbal agreement

will a verbal agreement stand up in small claims court


Asked on 3/27/08, 3:48 pm

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: verbal agreement

That will depend upon what the agreement said and what it was about. Valid contracts can be either written or oral, but either type of agreement will only be an enforceable contract if it meets the legal definition of one. Additionally, certain types of contracts must be in writing to be enforceable.

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Answered on 3/27/08, 3:52 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: verbal agreement

Without more information, the answer is "maybe, but it depends". Some types of agreement must be in writing such as an agreement to purchase house. However, most contracts do not need to be in writing.

It really comes down to witness credibility and what type of proof that you have. Suppose your friend asked to borrow $3000 from you. You might not have a written agreement, but you might have a cancelled check with a "loan" written in the memo section. You might also have an email from your friend apologizing for missing a payment.

Terms of a verbal agreement can be difficult to prove, but this is not necessarily fatal to your case.

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Answered on 3/27/08, 3:57 pm


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