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Richard, Attorney
Category: Legal
Satisfied Customers: 53705
Experience:  Attorney with 29 years of experience.
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my friend owes me money for taking care of her since her father

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my friend owes me money for taking care of her since her father died in 2010 (Meaning
moved in with her , paid a majority of the bills, house payments, ran her business and
did upgrades and repairs to home) We had a verbal agreement that I would get a percentage of the home if she sold. I just found out she sold the house and escrow is closing in 13 days, she has no intention of giving me anything. is there anything I can do.
I have proof of all monies I paid out on her behalf receipts, cancelled checks, ect.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Yes, you do have recourse here. The lack of a written contract can be overcome by the concept of promissory estoppel, detrimental reliance, and unjust enrichment. This situation arises when Person A relied upon the verbal agreement, Person A performed based on such reliance, and because Person B defaulted, such reliance is now to Person A's detriment. Where there is i) partial performance by Person A based upon the mutual promises, ii) Person A relied upon such promises to perform, iii) Person B's failure to perform would be to Person A's detriment, and iv) result in Person B being unjustly enriched, Person A can overcome the legal requirement that the agreement be in writing. Your situation would satisfy each of these elements. So, file your suit based on breach of contract. Once the suit is filed and a judgment awarded, you become a judgment creditor, and if the losing party doesn’t then pay the judgment, you can have the sheriff serve a summons on the losing party for a debtor examination. That forces the losing party to meet the judgment creditor in court and answer questions under oath about the losing party's assets. After that information is obtained, the judgment creditor has the power to garnish wages, attach bank accounts, have the sheriff seize other personal property, and/or place liens on any non-homestead property to satisfy the judgment.

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