"John" completed work on one of my computers and I paid him. We then agreed, via text, for him to fix two other computers. He wanted to buy a go cart from us and said to deduct the cost of the go cart ($200) from the future computer repair bills. ($430). He took the go cart and I gave him $230 for computer repair - plus he has one of my laptops at his house for repair. We agreed to all of this via text and the expectations were very clear. He keeps telling me he is having problems with his "vendor" and it has been over two months now. I just sent him a text requesting a total of $430, (200 for the cart and 230 for the computer repair,) and the return of my computer. Two other people want to file a similar claim against him. Will my texts be sufficient evidence of agreement?
Your agreement is an "oral contract" partially confirmed in writing. It should be sufficient in small claims court. Of course, no experienced attorney is foolish enough to predict what any judge may determine on any case on any day while weighing the evidence and credability of the witnesses. Good luck.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
The texts would be a writing which confirm the terms of the agreement. This should be sufficient if you sued him in small claims court. If you sued in small claims court, your claim would be for $430.00, plus the return of the computer or the value of the computer.
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