Do I have any legal recourse here?

Question

A friend of mine asked me 2 months ago to help him with some masonry work. We agreed on $100 per day and he would pay me at the end of the month. I did 9 days work for $900. He always then had a reason he couldn't pay me, claiming he had not been paid for the completed job yet. After 7 missed payment deadlines, he eventually gave me $100, claiming the rest would follow 3 days later. That was 6 weeks ago. He now ignores all calls, texts and any reach of communication. 
If it was $50, I'd let it go, but he owes me $800 which I have been waiting on for months. 

Do I have any way to prosecute for the money? 
Many thanks for any help.

Ryan M · Accepted Answer

I am not personally a lawyer, but I believe you do.  The first issue will be how the contract was laid out.  If you have paperwork, then this will be a much easier case.  If it was a verbal contract, then you need to find out how you can prove the contract was as you state it is.  This will be the tough part in most cases as it is your word against his.  

The amount in question places this in small claims court (less than $2000).  A quick resource I found here: http://www.nolo.com/legal-encyclopedia/article-29900.html .  And if costs seem high, then depending on where you live, there is always the fun option of the meanest judge (arbitrator) around: http://www.judgejudy.com/submit_case.php

Butch S · Answer

Without anything in writing you're pretty well screwed.  If someone else witnessed you doing all that work and will testify to that fact in small claims court you might be able to win a claim for what's owed you.  But if no one actually saw you doing the work you'd have a tough time proving it.

How about this, tell the guy you want your money - no more bullsh!t - by a certain date.  If he fails to pay up just tear down all the work you did and count it as a lesson learned.  

DO NOT work without a signed contract of some type that states what you'll do and what your client will do, and when all that will happen.

moonlightonalake · Answer

You are entitled to your money.  Step 1 should be to send your friend a formal invoice, use a signed for mail delivery service, asking for payment within 10 days.  If that fails, then consult a lawyer who will write to your friend and ask for the money, and will advise you further how to pursue the debt if he still doesn't pay.

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Do I have any legal recourse here?

3 Answers