Legal Question in Business Law in Florida
For the past year I've worked with a local Marketing company. We agreed on $25.00 per hour. I am a freelance graphic designer. He paid me infrequently and whatever he could, usually 2-$300.00 every other month or so. I stayed on in good faith, expecting that my hard work would strengthen his current client base as well as assist in finding new ones. After 5 months I finally had had it and gave up. I invoiced him what I thought my work was worth and he agreed to pay. He didn't say when, but he did state that he did intend to pay me the $3000.00 he was invoiced. I have since come to the conclusion that small claims may be my only option in collecting what is owed me. The bad news is, we never had any paper between us. No contracts, no written agreements. Only his word stating that I would be compensated. I have invoices and a mountain of work, but am frustrated that I may've done it all for literally nothing. I have proof that I did the work. Do I have a case? Regards, Stu Duvall [email protected].
1 Answer from Attorneys
There are certain agreements that must be in writing pursuant to the Statute of Frauds, such as: Transfer of an interest in real property; Service contracts not capable of being performed within a year from the time of agreement; Sale of goods of $500 or more; Lease of goods with lease payment totalling over $1,000; Promise to guarantee the debt of another; Promise in consideration of marriage, etc. You will have to decide whether it's worth it to file in small claims court based on this information and the costs involved. The judge will decide who wins. Next time, put it in writing and contact an attorney for help drafting a solid agreement. This answer provides general information. If you need the assistance and advice of an attorney, you should consult with one in-person or by telephone. Regards,
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