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.