Legal Question in Credit and Debt Law in Florida
Do I Owe him?
I teach at a local high school and am furthering my education by taking night classes. I approached a fellow teacher for help on a difficult concept in my night class. He readily agreed to help. We set a time and location for this help session. The help session took place on a Sunday at my home. (The other person insisted to the location and time.) The next day, he approached me and stated that he considered this to be a tutoring session and wanted to be paid for it. I asked him to give me an invoice, which he did. (handwritten on a 3x5 card) I approached him a couple of days later and stated that I did not feel that the stated amount ($62.50 for 2.5 hrs) was justified, especially since he wanted to set the payment conditions after he helped me. I offered to give him $30 or 2.5 hrs of a service. (I do Computer Aided Drafting on the side) He refused and stated, ''just forget it''. The next day, he approached me and said that if I didn't pay him the full amount in 24 hrs., he would sue. He has filed for compensation of $87.50 and court costs of $62.50. What are my legal options?
2 Answers from Attorneys
Re: Do I Owe him?
Wendell stated the reply far more eloquently than I. But by now you know the answer is no provided the facts are as you detailed.
Re: Do I Owe him?
For a contract to be formed a meeting of the minds is required. If you knew before the tutoring session that a fee would be charged then a contract may have been formed for him to provide the services for a reasonable fee. On the other hand, if both of you understood prior to the session that he was to help you without expecting payment then he can't unilaterally change the deal after he has helped you. His inconsistencies in the amount of charges assessed will not help him at trial.
I take it you have been served with a summons and complaint in small claims court. When you appear in court on the date specified in the summons a trial date will be set. At trial you will have the opportunity to call witnesses, as will he. Best of luck.
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