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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Robert agreed to pay me for my pickup truck, chainsaw (that

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Robert agreed to pay me for my pickup truck, chainsaw (that he "forgot" to return), dog medications (that he said he mailed but never did), pickup truck title transfer and license, and county court recording fees on an unrelated contract. I have paperwork for the recording fee, dog medication and title/license, but all of this was an oral agreement. I understand an oral agreement is just as binding as a written agreement in Texas. Do I have a strong "legal leg" to stand on?

Thank you for your follow-up, and thank you most kindly for requesting me to assist you again.


That is a bit of a different situation. While oral agreements are equally binding, the problem with all oral agreements is both proving that they existed and if they existed, what the terms of the agreement would be. You as the plaintiff would have the burden of proving both of those conditions. In terms of payment for the pickup, that is your word against his--if you can find some language somewhere you would have a basis but without it that is not strong enough. The chainsaw, if you can prove belonged to you via receipts or even outside testimony AND that it was not given to him as a gift is likely winnable. Dog medications are likewise something you would have to prove he promised to cover and not just have your word against his (that is a 50/50 situation, and as you as plaintiff have a burden of production, it means that you essentially have a 51/49 split pertaining to evidence to win). Same would go toward recording fees and title transfer forms. Without conditions it may tough especially if simply denies outright that the contract existed (would be enough to prove there was one without writing or witnesses to the contrary).


Hope that helps.

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