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MDLaw, Attorney
Category: Business Law
Satisfied Customers: 6133
Experience:  Experience in business law, contract law and related matters.
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Hello, I had my sister and her boyfriend working with me in

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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: 4 years ago.
Category: Business Law
Expert:  MDLaw replied 4 years 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 4 years 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 4 years 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 4 years 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 4 years 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 4 years ago.
Would you explain more about that please?
Expert:  MDLaw replied 4 years ago.
What is it that you want to know, exactly?
Customer: replied 4 years 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 4 years 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.
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