Legal Question in Civil Rights Law in Texas
Verbal Agreement
I had a verbal agreement with someone to repay funds that I loaned after four weeks. There was a third party that also knew about the agreement. We are now past the four week period and I have not seen payment nor will this person take phone calls or answer text messages. Is there any way I can take this to court for repayment of the funds?
1 Answer from Attorneys
Re: Verbal Agreement
Your situation may amount to a breach of contract. Verbal agreements require additional evidence to support the very existence of the agreement, unlike a written agreement. If a person has (a) entered into a valid agreement (verbal or written), (b) plaintiff has performed his or her obligation under the agreement, (c) defendant breached the agreement, and (d) plaintiff suffered injury (damages) as a result of defendant's breach, then a breach of contract claim may be supported. There may be additional requirements depending on the facts.
As for courts, the most cost effective and expediant is the Small Claims/Justice of the Peace Courts. Typical filing fees are less than $50 (about $27 in the Travis/Williamson County areas). The threshold requirement though is that the amout claimed must be below $10,000 (including attorney's fees, court costs, and other amounts).
Again, depending on the amount claimed the case may need to be filed in County Court or District Court. Court costs are higher for each of these courts.
It is advisable that you contact an attorney to further discuss your matter to determine your rights, if any. Statute of Limitations may apply. Best of luck.
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