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Made product, customer backed out.

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Mavrik

Junior Member
I had a verbal agreement with someone to make a product for him. When completed and I contacted him that it's ready for pickup, he said he wasn't interested anymore.

What are the chances of me winning in small claims court?
 


Zigner

Senior Member, Non-Attorney
I had a verbal agreement with someone to make a product for him. When completed and I contacted him that it's ready for pickup, he said he wasn't interested anymore.

What are the chances of me winning in small claims court?
US Law Only!

Good luck on proving the elements of a contract existed :rolleyes:
 

BOR

Senior Member
Oral contracts are binding, sure, but there is also no litmus test on character testimony.

If he says he had no such arrangement, you need to prove by a preponderance of the evidence you did.

Try to correlate the contract in means other than words, if possible. This can be shown by evidence, such as you drove over to his house one day to show a propotype. I know this did not happen, but you see my reasoning.
 

Mavrik

Junior Member
Sorry, I forgot to mention this; I have emails that he is interested in purchasing this product and an email he agreed to pick up the first batch, which he did and money/product exchanged hands. When I had the next batch ready for him, he refused it.

Also, can I recover the court fees and the warrant serving fee having the defendant pay for it?
 
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BOR

Senior Member
Sorry, I forgot to mention this; I have emails that he is interested in purchasing this product and an email he agreed to pick up the first batch, which he did and money/product exchanged hands. When I had the next batch ready for him, he refused it.

That may or may not give your case weight? It proves one transaction was agreed to, not another. But at least you have evidence of one contract.

Also, can I recover the court fees and the warrant serving fee having the defendant pay for it?
Ask for such in your complaint. If you win, the court will decide what he is responsible for.
 

latigo

Senior Member
Look, its pretty simple isn’t it?

You either eat the product or make him eat it. So let the court decide.

And as far as convincing the judge that the product was in fact ordered, why would you make something you didn’t wish to eat?
 
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