No written contract but you still claim a debt is due? I am frequently asked about whether someone can sue for money owed even if they do not have a written contract.
My response is typically, yes, there is no impediment to suing for a breach of contract when there is no written contract provided the circumstances show an intent to contract. In fact, in a very large percentage of the cases that Cellai Law Offices, P.C. pursues for individuals, there is no written contract outlining all or sometimes any of the terms and conditions of the parties agreement. Sometimes, there is as little as a cancelled check with the word “loan” written on it.
As long as the parties have an agreement to enter into a contract (which can even be verbal) and there has been some conduct in furtherance of executing or conduct which furthers the contract in such a manner that the intent would be to enter into a contract, usually this is sufficient to form a contract for which you can bring a claim for breach of contract.
It is always worth inquiring about whether you have an enforceable contract.
Illegal Kickback Revealed in Government Contract
Kick Back in the Procurement of a Government Contract Disallows a Fee
Where a demolition subcontractor failed to pay a fee from a person who helped it obtain a subcontract from the general contractor, the suit was disallowed when the subcontractor sued the general contractor for the fee out of monies owed to the person who helped obtain the contract.
Carlo Cellai, Esq. represented the general contractor and took the position that the fee by the person who helped the demolition subcontractor obtain the contract was an illegal kick back in violation of the anti-kick back laws.
The Court agreed with the position put forth by Carlo Cellai, Esq. on behalf of the general contractor that the payment of any fee to the person who helped the subcontractor obtain the contract was an illegal kick back scheme for which no payment was due.
Massachusetts Lawyers Weekly
Irrevocable Sale and Recovery Solution
Carlo Cellai, Esq. Represented a Lawyer Against His Client and After Judgment, Sold Her Summer House at Auction. The Client Was Not Entitled to an Equitable Set Off for Amounts Above the Judgment
Carlo Cellai, Esq. represented a lawyer who obtained a $20,000 judgment against his client. When the Judgment became final, Carlo Cellai, Esq. levied and sold the lawyer’s client’s interest in a summer home in Scituate, Massachusetts. When the sale became irrevocable, Carlo Cellai, Esq. on behalf of the attorney filed a Petition to Partition the real estate. At a trial on the partition action, the Court ruled that when the attorney’s interest in the house vested absolute, he became the owner of all of the client’s right title and interest in the house. Ultimately, the house was sold for $350,000. The attorney received one half of the proceeds of $175,000 as his former client’s interest in the house. Carlo Cellai, Esq. turned an approximately $20,000 judgment into a $175,000 recovery.
Massachusetts Lawyers Weekly