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Enforcement Of Verbal Contract In Fl

Business Law discussions

Enforcement Of Verbal Contract In Fl

Postby Chango » Sat Oct 08, 2016 3:03 am

I was asked by a local high school dance team coach to be the assistant coach of their dance team for the 2nd semester of the 2011 school year. The requirements were to hold two practice sessions each week(some additional weekend practices) attend basketball games/pep rallies as available and prepare the team for their competition season(which included attending 2 local and 1 out of state competitions)cleaning the dance and hair and makeup applications. choreographing and changing parts of their routine. Jan 2011-April 2011. The coach offered to pay me 1/2 of her stipend for my efforts, which was $650. It was only a verbal agreement so I have nothing in writing from her or the school. However several of the teammembers were aware of the promise to pay. Now she is not wanting to pay me even though I fulfilled my entire commitment and beyond. The principal and athletic director are aware of this situation but have only offered to contact her regarding this issue. I am considering filing a small claims case in my county however was wondering if this is worth the court costs, subpoena service, etc and if I can include these costs in my filings? I am a college sophomore and have limited funds. Thanks for any assistance. Saint Johns County, Florida
Chango
 
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Enforcement Of Verbal Contract In Fl

Postby Chappel » Sat Oct 08, 2016 7:35 pm

I was asked by a local high school dance team coach to be the assistant coach of their dance team for the 2nd semester of the 2011 school year. The requirements were to hold two practice sessions each week(some additional weekend practices) attend basketball games/pep rallies as available and prepare the team for their competition season(which included attending 2 local and 1 out of state competitions)cleaning the dance and hair and makeup applications. choreographing and changing parts of their routine. Jan 2011-April 2011. The coach offered to pay me 1/2 of her stipend for my efforts, which was $650. It was only a verbal agreement so I have nothing in writing from her or the school. However several of the teammembers were aware of the promise to pay. Now she is not wanting to pay me even though I fulfilled my entire commitment and beyond. The principal and athletic director are aware of this situation but have only offered to contact her regarding this issue. I am considering filing a small claims case in my county however was wondering if this is worth the court costs, subpoena service, etc and if I can include these costs in my filings? I am a college sophomore and have limited funds. Thanks for any assistance. Saint Johns County, Florida
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Enforcement Of Verbal Contract In Fl

Postby Preruet » Sat Oct 08, 2016 9:56 pm

Taylor:

You should check Florida's statute of frauds, which will provide the types of contracts that must be in writing to be enforceable. It would not seem to me that your agreement would fall under the statute of frauds,meaning that it would be enforceable even though it was an oral agreement, but each state is different. However, it is difficult to prove the terms of an oral agreement and that is where you may run into trouble. You have several witnesses, which is a good thing, but you will need to either have them testify in small claims court or have them supply written statements(which will probably need to be notarized). Before filing your claim, ask the court clerk what type of written evidence may be submitted.  Small claims courts are supposed to be somewhat user friendly, so don't be afraid to ask questions.

You should also check with the small claims court to see if your costs can be recovered if you win.  Again every state, and sometimes even every court, has different procedures. It is hard to say if it will worth the expense and effort--only you can answer that question, but it sounds like your case merits at least some consideration.  Once you know what the court and subpoena costs are, you can make an informed decision.

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