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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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I am a head football coach at a local high school. Our assistant

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I am a head football coach at a local high school. Our assistant coaches receive stipends for their pay for the season. Our school district does not split stipends between coaches on their payroll but we agree to do it between coaches. Because of this, the school district has a contract with one coach and pays him and by verbal agreement, that coach pays other coaches. If after the season, the district paid coach refuses to pay the other coaches that he agree to, is there a possibility to get him to pay through small claims court? He owes one coach about $350 and another about $750. There was no contract signed between the coaches other than the verbal agreement. Thanks.
Welcome and thank you for your question!

I am sorry to learn of these circumstances. It would be helpful to know, in the past, were these payments made via cash or checks?
Customer: replied 3 years ago.

We have done this in the past and the paid stipend coach pays however he chooses. In past years, I paid out my portion by check. I don't know how the other coaches handled it but some are on my staff still and I can ask if you need to know.

Thanks. The issue becomes a matter of proof for the judge.

If there isn't a written contract in place, a good way to still prove the agreement is by showing canceled checks.

If there isn't canceled checks, one can go to small claims court to argue that the agreement existed by showing text messages, e-mail references, etc.

Of course, if there's no written agreement or independent written proof, one can still be successful in small claims court if the other party admits to the judge that the agreement existed.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
Customer: replied 3 years ago.

The agreement was made with and in the presence of the paid stipend coach, myself and the other 2 coaches he was making the agreement with. Does this help with the judge if he is the only one not admitting to the agreement or is the presence of witnesses irrelevant?

If there are multiple witnesses who can come with you to court, yes, that does help with the judge. Absolutely.

~~ J.B.
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