if someone owes me money and i make a contract saying he will pay me and he signs it can i really use that?
i mean will it work if i go to court?
- Anonymous1 decade agoFavorite Answer
YES! it's called a promisorry note, and you can collect your money in small claims court!
WooHoo, i actually knew the answer to one of these things! lol
Good Luck, hun!
- 1 decade ago
Yes you can, but it is very hard to do. Even if the contract was witnessed by a Notary Public and you took it to a Small Claims Court, The only thing the Judge will do is rule in your favor stating that the claim is valid. It is still up to you to recover the claim.
About all you can do then is to file a Mechanics Lien against his property and you have to list it. That means that he sells that has been listed, you get your money first. I think Liens cost about $12.50 to file and they only last for one year. Then you have to re list. Most people don't bother. They find out that Small Claims Courts are a farce.
- 1 decade ago
Of course, a handshake or spoken word is a legally enforceable contract. There are rules of course, he can't be drunk, under 18. There are other requirements too, I orget exacty, something about how there has to be obligations to be filled on both side, as in both parties have to receive something. I think it's something like that. Look in to it, it's not overtly complex.
You are wrong redeemer, there is nothing requiring formal documents. Do not listen to him. Take for example the Stock Exchange, often time people simply make a nod of the head or wave of the hand to singnal that that person would like to buy or sale a stock from another floortrader. If for some reason, a person all of a sudden benefits from some sudden change in the market, and does not choose to buy or sale the stock, bond, etc he previously made an unspoken promise to buy or sale, he can be legally taken to court as breach of contract. Again, don't listen to this dumbass.
- MemnochLv 41 decade ago
It will probably only work if you have witnesses to his signing. Otherwise he will simply say you made it up and he never signed in the first place. If you make a contract and have people witness the contract who are willing to go to court with you, it should hold up just fine.
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- markos mLv 61 decade ago
You can use it, but it would be better to have a witness or two countersign the document. If the amount of money is large, have the contract certified by a Notary Public.
- CatspawLv 61 decade ago
A contract has to have consideration (value) given for the promise to pay. If you agree to cut the debt a little in exchange for the signed contract, that is enough consideration.
- Jan JLv 41 decade ago
Yes, this is a legal and binding contract. Will stand up in court.
- 1 decade ago
well here wut is need for ur contract to be used in court
1.signed by both parties
2. in normal state on mind( not drunk or on medication or drugs)
3. both of u must be over 18
4. both of you must have a copy of the contract
5. there must be witness to contract signing
6.both of you must fill in obligations
7.also if you have to go to court addin court cost and some other costs(pain and suffering and such)Source(s): i am a lawyer
- IssymLv 51 decade ago
Yes it will work in court, its a promissory note. Judges now look upon these and rule on them..
Just make sure to give receipts and to keep one for yourself, your best defense is always your evidence!
- pokerfaces55Lv 51 decade ago
small claims court yes you can... if it holds up is totally up to the judge... but in larger court its 50 50 at best