What constitutes a verbal agreement?

[suvbaby]

What is the name of your state? Sunny Florida...The dumbshine State!

I set up utilities for a friend that moved down here that could not do it on her own because of bad credit. The only stipulation was that she write me a check as soon as I paid the bills. We have been friends for eons but I made it clear to her that I could not afford to pay her household bills as well. For the most part she would write me a re-imbursement check as soon as I paid them. Our friendship has fallen apart and I asked her to find someone else to do the utlity thing...which she did...However...she has left me with final bills which she said she has no intention of paying...Ive paid them to keep my credit clean and now want to file a civil case. She says there is no proof we had an agreement...I say.. her writing me checks in the exact amount of the
the bills (even though we did have a verbal!) constitutes an agreement.
Could someone in the know please confirm that I am correct...or incorrect
Thanks

 

[BelizeBreeze]

If you want to take this to small claims court and pay the associated costs and HOPE you can prove the existence of a verbal agreement then go for it.

Or just chalk it up as a lesson learned and move on.

You're chances of proving an agreement existed and the TERMS of that agreement are iffy at best.

 

[suvbaby]

Iffy agreement?

Florida
The utilities were in my name but obviously I did not live there. If I can show the court the bills....my check to pay them and then her corresponding check to me in the same amount...how would that be iffy?
We're not talking pennies here...its hundreds

 

[badapple40]

Florida
The utilities were in my name but obviously I did not live there. If I can show the court the bills....my check to pay them and then her corresponding check to me in the same amount...how would that be iffy?
We're not talking pennies here...its hundreds

I would think you can prove an agreement by your testimony coupled with bank statements and records that show:

1. You didn't live in the premises
2. She did live in the premises
3. She received the benefit of the utilities.
4. She wrote you a check for the amount of the utilities over a long period of time (keep in mind one or two payments probably won't cut it).

The agreement here can be proven by not just your testimony, but also a course of conduct and dealing between you and her (you see course of conduct/dealing cases more in the line of your typical UCC sales case, but it is applicable here as well). This agreement does not come within the statute of frauds. Therefore, I would say you've got a case and, if you have evidence showing your writing of the checks to the utility companies and her writing checks to you, (hopefully you kept records or your bank can make this available to you), you are good to go.

Let her know that you will be suing for the amount in question if she doesn't pay what is due and a judgment can affect her credit rating.