Legal Question in Business Law in New Jersey

being billed after implied favor

I worked for our family business until november of 2005, when my father layed me off due to parents divorce. During employment, a business acquaintance said he would drop off some dirt and spread it out for me at my new home under construction. Being a landscape company, he had access to free topsoil and offered it to me. He implied it would be no charge and i signed no contract, invoice or anything like that. Now after 8 months he has sent me a bill for $2000. This bill arrived shortly after i began working for a competitive company in the same field. Being friends with my father, i feel this is a vindictive ploy of get-back. Now after sending 3 bills in 6 months, he is threatening to send me to collections. Am i legally required to pay this invoice even though i never agreed on the price and was led to believe it was a business favor. Since i was also doing numerous favors in working for this landscaper. I work as an irrigation tech.


Asked on 12/14/06, 8:44 am

2 Answers from Attorneys
Robert Davies The Davies Law Firm, P.A.

Re: being billed after implied favor

the answer to your question depends on what was agreed to by both you and him. your story leaves that unclear. i could not predict what a Judge would decide, you may win or you may lose. i think it is nasty for him to do this without speaking to you at all.

If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.

My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.

Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 12/14/06, 10:31 am
John Corbett Corbett Law Firm LLC

Re: being billed after implied favor

There are a number of issues in play here. It is not likely that a court would find a contract here because of the statute of frauds which requires that contracts in excess of $500 be in writing. However, there were materials delivered and so there is an evidentiary issues as to whether that was a gift or whether he had a reasonable expectation of payment. A court would have to decide that based on the facts.

It is doubtful that any collection company would be interested in the matter until it is reduced to a court judgment. Under the Fair Debt Collection Practices Act, you can ask any debt collector to provide you with the evidence of the debt that it has. Without any paper, you can just tell them to stop contacting you. So, the matter wind up in court anyway unless he writes it off.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 12/14/06, 10:41 am


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