Legal Question in Civil Rights Law in New Mexico
will a verbal agreement hold up in court?
I am wanting to file a civil suit. I was wondering if a verbal agreement will hold up in court?
Asked on 4/26/03, 4:05 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
Re: will a verbal agreement hold up in court?
Verbal agreements, except for the conveyance of real estate, are legal and enforceable in the courts of New Mexico, if they can be proved. Proof will require something more than one person saying 'yes,' and the other saying 'no.' In that situation, it will not be enforced because it cannot pass the "preponderance of the evidence" requirement. If there are other witnesses to the verbal agreement, or a recording, or some courtroom-quality proof of the verbal agreement, then, yes, it is legally enforceable.
Answered on 4/26/03, 4:29 pm