Recourse for non-payment of services rendered per informal agreement

[VagaBondGirl]

Vermont: Do I have a case for small claims court? Or, is there another strategy that I can pursue? Situation: I housesat for @6weeks, incl. caretaking livestock and pets, garden/yardwork, housekeeping, etc. Hosts contacted me through a mutual friend, originally via email. No signed contract. I left remuneration up to hosts' discretion. All parties agreed I'd performed an exemplary job. When need for services stopped prematurely (short of original forecast) and no payment, nor mention thereof, was forthcoming, I submitted an invoice, in the modest amount of $100/week. Hosts ignored. I emailed a reminder. Hosts surprised; thought we agreed that I'd housesit in exchange for staying in their house. i.e. no monetary compensation. I emailed an entreaty, detailing my argument for actual payment. Hosts emailed back with a refusal to pay (but they said they had a "small gift" of appreciation for me).
I picked up a small claims application. Friend's father is lawyer in another state; he advised looking up "quantum meruit" and "unjust gains"(meaning the hosts received a service that they gained by, thus I am due compensation); also, advised sending a "lawyer's letter" first to prompt payment. Failing that, sending a completed, though yet unfiled, copy of the small claims application may prompt payment. (It would also show my good-faith intent to settle out-of-court).
Problem: I am leaving the country for an extended stay abroad beginning Oct 18 2001. Local courthouse office advised 1)waiting until my return Spring 2002 or 2)having a "co-plaintiff" sign with me so that s/he can appear in court in my absence, should the defendants refuse/refute my claim.
Do I have a right to claim? Nutshell closed.

 

[balistk1]

verbal agreements and compensations as such

mille3gmz@aol.com
A verbal agreement (no contract was ever signed) between 2 individuals going into business together stating that person 2 would be paid $x a week (and person 1 would receive the exact same amt.) and that they would split profits 50/50 at the end of the business year and that #2 would take complete control of the business in 1 and 1/2 yrs because #1 wanted out in that time frame. Come to find out, #1 was drawing a salary and paying their personal bills out of the business acct, #2 did not receive any compensation for 4 weeks (for the verbally agreed amt), and is saying that #2 won't get paid until they repay back a $3000 sum that #1 states was a personal loan, not back pay from the business (keep in mind, the latter remark wasn't said to be a loan until #2 said he wanted out).
1) Is a verbal agreement a binding contract? If not, how does one dispute it? If so, can #2 rightfully "sue" #1 for the amount owed to him for physical work that was done? (#2 was a subcontractor for #1) ie, "unjust gains"
2) #2 signed the title from a personal vehicle over to the business (which #1 owns) under the verbal agreement that if #2 were to leave, they would get that vehicle back. (#1 now says that #2 will not get the vehicle back until they pay him the "so called" $3000 personal loan. Is that legally correct or can #2 dispute that also. However, #2 was never compensated for their personal vehicle, and as my understanding, signing a title and not receiving compensation is illegal because it clearly asks on the back of the title what was the purchase price of the vehicle. Is that illegal?

What actions can be taken (from either side, #1 or #2) ?
What actions can be taken for #2 to recoupe monies not paid by #1 ?
What actions can be taken especially since #1 has now "changed" the verbal agreement to suit their needs?
And finally, what, if anything (again, from either party) can be sued for?

Please Help, Very Urgent

 

[wtd]

Actually I thinl the reponse that you received was quite bizarre -

but aside from that -

I left remuneration up to hosts' discretion

pretty much says it all.

Your had no written agreement, you had room and board for a relatively nominal sum (you billed them for $400.00 for six weeks) - what are you bitchin' about?
For cryin' out loud, you bummed around - all you did was feed the dogs and cats, cut the grass and dust every once in a while. (God forbid when I was I kid I had to do those things just to get dinner). Go to Europe and get over it. Some of us have to actually WORK for a living.

I'm quite certan that someone will be along momentarily with an amazingly contradictory legal opinion, but in the meantime - as a practical matter - just my thoughts.

wtd
(not a lawyer, just some thoughts)

 

[VagaBondGirl]

Dear WTD (not a lawyer, but opinionated anyway)

Why the flippant hostility?

FYI: I WAS (and still AM) working for a living (besides the housesit gig), trying to earn a crust like any other <$20K/yr bloke. Since I am not a legitimate business, and based on other informal-for-friends housesitting gigs, it seemed apropos and tactful to allow the hosts to set their own price. However, I HAVE learned a lesson.

Apparently you think I'm some Trustafarian who lolls about at acquaintances' empty houses in between junkets abroad. Otherwise why the sarcastic suggestion to go to Europe?

Opinion taken, and discarded.
VaBoGi

 

[wtd]

This question from your second post
Otherwise why the sarcastic suggestion to go to Europe?
is answered by this quote from your first post
I am leaving the country for an extended stay abroad beginning Oct 18 2001
(Europe was indeed an assumption, however, one rarely refers to Sri Lanka or Bangladesh as abroad)

trying to earn a crust like any other <$20K/yr bloke
Not too many of them in my neighborhood going to Europe for an extended stay.