Legal Question in Business Law in Florida

I started a company last year and my friend offered to work for me as a contractor we kind of worked out the details but he never supplied me with the necessary papers (i.e..:tax id, social security number or anything) so we never wrote a contract. He was helping me for a few months and taking regular loans saying when we write a contract and he gets he's percentage from the profit he will pay me back. This year he came to me saying he wants 30% of my business net worth as he's part. Of course I told him no way we only talked about clean profit which my company still didn't produce and anyway we never had a contract stating that he was in any sort of business relation with my company. Now he's suing my company on the Small Claims Court for $4800+expenses. Apparently he was making notes on how much my company made each day and he using that as a supporting evidence. Feels like to me it was a planned scam. Does he has a case?


Asked on 9/07/09, 2:50 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

depends on whether he can convince a judge and jury what the deal was or whether you can. Always, always get agreements in writing (you know that know -- the hard way).

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Answered on 9/07/09, 5:35 pm
Sarah Grosse Sarah Grosse, Esquire

Perhaps. If he has evidence of the $$ amount, and there is no written agreement, it will come down to who a judge deems most credible.

It never ceases to amaze me that very intelligent, adept business people will enter into relationships involving money and services on a hand shake agreement. Do it in writing, please. Then, shake hands and go out and have a beer.

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Answered on 9/08/09, 8:51 am


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