Legal Question in Consumer Law in California

verbal agreement

My husband and I are filing civil lawsuit against an unlicensed contractor who stated that he was licensed in the beginning. I met this man at my job. He rented a storage unit for his equipment. He was a handyman, he gave us a decent quote and we hired him. On verbal agreement we told him half up front and the other half when the job is finished, he agreed. We figured out after missed apointments and him never showing up on time or never coming at all, my husband and I made a horrible dicision. Desperate for money he came into my work and harrassed me for the money in front of my coworkers and I explained to him that he would not get it until the job is done. After my co worker asked him to leave the premises he went to my home took off the 3/4 of the gate. We had our truck in front of the gate entryway so no one could see the back yard. After taking it off the bolts he dragged the gate along the side of the truck and did damage to our truck. Basically we got burned 400.00 for the gate and 900.00 damage to our truck.

My question to you is:

Can a verbal agreement hold up in civil court.


Asked on 2/18/08, 4:32 pm

5 Answers from Attorneys

Benjamin Berger Berger-Harrison, A Professional Corporation

Re: verbal agreement

Yes, but you have claims aside from breach of contract. The critical issue for you is whether a judgment against this guy is worth anything.

A judgment is worthless if the judgment debtor is a bum.

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Answered on 2/18/08, 5:25 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: verbal agreement

Yes, a verbal agreement can be upheld. If you have any witnesses who heard the agreement, you will want them to go to court with you.

Also, you probably want to report this to the Contractor's State License Board.

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Answered on 2/18/08, 5:30 pm
Joel Selik www.SelikLaw.com

Re: verbal agreement

Not only can it stand up in Court this person is guilty of a crime. You may want to report him to the Contractor's Licensing Board and the Police. You can also get treble damages.

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Answered on 2/18/08, 5:45 pm
Joel Selik www.SelikLaw.com

Re: verbal agreement

Not only can it stand up in Court this person is guilty of a crime. You may want to report him to the Contractor's Licensing Board and the Police. You can also get treble damages.

Read more
Answered on 2/18/08, 5:45 pm
Joel Selik www.SelikLaw.com

Re: verbal agreement

Not only can it stand up in Court this person is guilty of a crime. You may want to report him to the Contractor's Licensing Board and the Police. You can also get treble damages.

Read more
Answered on 2/18/08, 5:45 pm


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