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 Ely Your Own Question
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 102584
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Type Your Legal Question Here...
Ely is online now
A new question is answered every 9 seconds

I am a massage therapist who was doing a service trade with

Customer Question

I am a massage therapist who was doing a service trade with tattoo artist. The tattoo artist chose to end our trade agreement but is refusing to pay the balance of the services he has received - a total of $700. We did not have a written agreement but I do have a communication where he acknowledges our trade. What do I do to get paid?
Submitted: 1 year ago.
Category: Legal
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about the situation. Someone in your situation can file in small claims court for breach of contract. "It has long been the law in Colorado that a party attempting to recover on a claim for breach of contract must prove the following elements: (1) the existence of a contract . . . (2) [substantial] performance by the plaintiff or some justification for nonperformance . . . (3) failure to perform the contract by the defendant, and (4) resulting damages to the plaintiff." Western Distributing Co. v. Diodosio, 841 P.2d 1053, 1058 (Colo. 1992).

Even if the contract was not in writing, verbal contracts are STILL enforceable, but are just harder to prove. Thankfully, those communications help to establish that there was a contract. The only times that a verbal contract cannot be enforced are listed under Col. Rev. Stat. § 38-10-112:

Void agreements. (1) Except for contracts for the sale of goods which are governed by section 4-2-201, C.R.S., and lease contracts which are governed by section 4-2.5-201, C.R.S., in the following cases every agreement shall be void, unless such agreement or some note or memorandum thereof is in writing and subscribed by the party charged therewith: (a) Every agreement that by the terms is not to be performed within one year after the making thereof; (b) Every special promise to answer for the debt, default, or miscarriage of another person; (c) Every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry.

For more on how to file in small claims, see HERE (guide) and HERE (forms & instructions).

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.