How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask MDLaw Your Own Question

MDLaw
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 5813
Experience:  Experience in business law, contract law and related matters.
Type Your Business Law Question Here...
MDLaw is online now
A new question is answered every 9 seconds

Hello, I had my sister and her boyfriend working with me in

Resolved Question:

Hello, I had my sister and her boyfriend working with me in my mining company. Our deal was that they were to help me in my business and make a certain percentage. Three weeks into them working for me I sent them out to check out a possible mining location for my business. They used this time to go somewhere completely different and stake and sell a mining claim and they have not paid me what we agreed to. At this point they used me to learn my knowledge and made verbal agreements which they broke as soon as they thought they could do this on there own. Our deal was that as long as they are making money at this then I am to be paid 20% of there earnings forever. there were no contracts signed but I do have an email from them saying that an agreement did exist in the past which they broke. What can I do to get them to pay me what is owed for everything sold in the past and also everything in the future? I am prepaired to take them to small claims but I want to know if I have a chance without a signed contract. I do have witnesses to describe what the agrred deal was and they saw them agree to it and then they saw them break the deal. Thanks
Submitted: 1 year ago.
Category: Business Law
Expert:  MDLaw replied 1 year ago.
Hello and thank you for using Just Answer. I look forward to assisting you.

You have asked what you can do to get them to pay you. The answer to that is to sue them if you have already demanded payment and they are refusing to pay. Depending on the amount involved, you can certainly sue them in small claims court.

Your second question is whether you can win a case without a signed contract. While a written agreement is always better and makes it easier to prove your claim, contracts can also be verbal. It takes more evidence in such a case because you have to first prove that a contract existed before you can move on to proving that they breached the contract. If you have witnesses and emails, that would certainly help your case.

Please let me know if you need any additional information from you and thank you for allowing me to assist you today.

Customer: replied 1 year ago.
Will I be abel to get them to sign a contract if I am able to prove its existence? Would the court have the power to force them to hold to the agreement in the future or sign a written contract making it easier to sue again if there are any more problems?
Expert:  MDLaw replied 1 year ago.
I'm not sure what you mean when you ask if you can get them to sign a contract. You can ask them to sign a contract at any time and they can say yes or no. If you can prove the existence of a contract, the court has the power to enforce that contract. The court, however, cannot force them to sign an agreement.
Customer: replied 1 year ago.
What I mean is that once I prove there was a contract that has been broken how do I stop them from doing it in the future? ReSue and reprove the contract existence everytime they decide not to pay me?
Expert:  MDLaw replied 1 year ago.
To get the court to stop someone from doing something that violates an agreement, you would have to get the court to grant you an injunction.

Customer: replied 1 year ago.
Would you explain more about that please?
Expert:  MDLaw replied 1 year ago.
What is it that you want to know, exactly?
Customer: replied 1 year ago.
How do I go about filing for an injunction? Would I have to do it before, after or at the same time I filed in small claims? Would they be two separate cases?
Expert:  MDLaw replied 1 year ago.
That would be part of the lawsuit. You would ask for an injunction for whatever it is that you are trying to stop. It would all be part of the same case.

I hope this has answered your question and thank you for allowing me to assist you today. Please don't forget to leave positive feedback as that is the only way that we get credit for the time spent assisting you today. Thank you so much. Please feel free to ask for me if you have additional questions about the process. Thanks again.
MDLaw, Attorney
Category: Business Law
Satisfied Customers: 5813
Experience: Experience in business law, contract law and related matters.
MDLaw and 11 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA
 
 
 

Related Business Law Questions