I just learned a valuable lesson!!

DCS · Feb 12, 2009

Boy, it's been a long time since I posted on here.

I did some tractor work for a guy a while back and charged him $350 that he agreed to. After I was finished, I sent him the invoice for $350. After a month or so I have not received my check so I sent him another one. After 6 or 8 months of leaving messages, sending invoices, and calling, I finally filed theft of service charges.

I found out today that my case was dismissed because of no written contract. I have done work for this guy for several years and never had a problem.

So, the lessoned learned, for $350 is to: ALWAYS HAVE A SIGNED, WRITTEN CONTRACT!!

Z-Michigan · Feb 12, 2009

Definitely a good idea, but in most states an oral contract for that kind of service would be perfectly enforceable. I'm not a Texas lawyer and don't know Texas law on that point, but I am a bit surprised by the dismissal.

LBrown59 · Feb 12, 2009

Z-Michigan said:
Definitely a good idea, but in most states an oral contract for that kind of service would be perfectly enforceable. I'm not a Texas lawyer and don't know Texas law on that point, but I am a bit surprised by the dismissal.

So is I.

Bird · Feb 12, 2009

An oral contract is enforceable, but . . . . if there are no witnesses except the two people who entered into that contract, and one of them denies there was ever any agreement; one's word against the other's word, and what can the judge do?

Scooby074 · Feb 12, 2009

If the Peoples Court has taught me anything, its get it in writing. Still pretty crappy that the guy stiffed you. Dishonest people tick me off.

johnk · Feb 12, 2009

It is really sad people can lie with a straight face with no remorse. I feel guilty when I tell people what I would charge them even though its fair. I kind of just do things for myself lately and I have no regrets. I guess when it comes to the almighty $$$$ you find out whom your friends aren,t

53gravely · Feb 12, 2009

...put a little sugar in his gas tank ;-)

smfcpacfp · Feb 12, 2009

Theft of services sounds like a crime. Why not go to civil court?

DCS · Feb 12, 2009

I think Civil court would wind up the same way the criminal court did. His word against mine.

Also, what the lawyer at the DA's office told me was "That in order to convict someone on Theft of Services, you have to prove intent." In other words, I would have to prove somehow that he never intended to pay me when he hired me. How in the world would you do that?

Like I said, I guess I just bought myself another one of those lifes little lessons. They will get me once, but not twice.

yomax4 · Feb 12, 2009

Minnesota has Small Claims Court for He Said She said Claims up to $1000. The Judge decides who is telling the truth. You Would Get Paid in MN.
A Hand Full of Shingle Nails in the Driveway goes a long way too.

MM.