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Self-Employed Civil Dispute

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What is the name of your state? living in Texas with legal matter in Arkansas

Can someone tell me if Verbal Agreement/Verbal Contract is supported in the State of Arkansas? I know that Texas Law supports/defends Verbal Agreements, but I thought there was only one other state besides Texas that does, and I do not believe Arkansas was it.
In a Civil Case concerning someone who is Self-Employed and lives in Texas, who performed a job under a verbal contract in Arkansas, if a Civil Action is filed with an Arkansas Civil Court, can a Request for Change of Venue be filed in order to move it to a Texas Civil Court?
 


R

RandallFabiano

Guest
What is the name of your state? living in Texas with legal matter in Arkansas

Can someone tell me if Verbal Agreement/Verbal Contract is supported in the State of Arkansas? I know that Texas Law supports/defends Verbal Agreements, but I thought there was only one other state besides Texas that does, and I do not believe Arkansas was it.
In a Civil Case concerning someone who is Self-Employed and lives in Texas, who performed a job under a verbal contract in Arkansas, if a Civil Action is filed with an Arkansas Civil Court, can a Request for Change of Venue be filed in order to move it to a Texas Civil Court?

To answer your question, oral contracts and agreements rarely hold weight in courts because of the hearsay doctrine. If you currently live in Texas and the legal matter is in Arkansas that presents an additional misapprehension of the courts. Change of Venue, No.. Unless you had a federal claim, the short answer is no. Most Federal Civil Actions only revolve around constitutionally protected rights, not really verbal contracts involving business. You should take note of the contract rights in Arkansas by going to findlaw.com and searching the law under the civil code for contracts. As a general rule a contract can be expressed or implied but such implication has to be backed with a sufficient evidence to withstand the claim of action....

Best Wishes
Randy
 

JETX

Senior Member
Actually, a CORRECT answer to your post:

"Can someone tell me if Verbal Agreement/Verbal Contract is supported in the State of Arkansas? I know that Texas Law supports/defends Verbal Agreements, but I thought there was only one other state besides Texas that does, and I do not believe Arkansas was it."
*** Yes, with the exception of those contracts covered by 'statute of fraud' laws (real property, etc.), all states allow verbal/oral contracts.

"In a Civil Case concerning someone who is Self-Employed and lives in Texas, who performed a job under a verbal contract in Arkansas, if a Civil Action is filed with an Arkansas Civil Court, can a Request for Change of Venue be filed in order to move it to a Texas Civil Court?"
*** A request can be made, but based on your scenario, I doubt it would be granted. The problem is that the contract took place in Arkansas and there is no 'contractual link' to Texas. Clearly, Arkansas would have jurisdiction.
 
There is another issue which makes me think a change of venue, if at all possible, would be best. The lady who hired my husband to install ceramic tile in her home is an attorney licensed in Texas and Arkansas. She is married to a man who is a Judge in the Court of Law where the suit was filed. He would not be the Judge residing over this particular case, but it is a small town. This lady, the attorney, also filed suit against the painter/wallpaper contractor. She made the statement to him that it is so easy to get money out of contractors like him and my husband. My husband was never paid for all the work he was allowed to do, only for a portion of it, nor was he allowed to finish the work. With her husband being a Judge for the court where the case was filed for many years and being named as one of the Plaintiff's in the case, would that be a conflict of interest?
 

JETX

Senior Member
S.Wilsford said:
With her husband being a Judge for the court where the case was filed for many years and being named as one of the Plaintiff's in the case, would that be a conflict of interest?
Not in itself and without a finding of fact. Based on your post, I still doubt that any court would allow the case to be moved from its 'contractual base' of Arkansas. Your only recourse would be to try to move the case from that 'court system' (county?) to another.... and that would require a legal proceeding which would obviously require the services of an attorney.

Your post doesn't say how much is being claimed, but with all the issues you raise, it may be best to consider hiring an attorney. And if he can claim that the plaintiff breached the contract (as you imply) AND if the contract allows recovery of attorney fees (it does, doesn't it??? And if not, why not??), then that option should also be considered.
 
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RandallFabiano

Guest
C'mon!

Unless your filing suit for lots of money your wasting your time and the courts time with changing venue... First above all you have to file a claim first... That requires jurisdiction which you dont have....
 

HomeGuru

Senior Member
RandallFabiano said:
Unless your filing suit for lots of money your wasting your time and the courts time with changing venue... First above all you have to file a claim first... That requires jurisdiction which you dont have....

**A: did you say you were a law student?
 
Arkansas.
My husband is a self-employed, ceramic tile contractor. Most of the jobs he does are specialty work using ceramic tile such as designs, brands, or first letter of last name on floors or counter tops and building ceramic tile showers. The lady(attorney) who has filed a civil suit against him had seen his work in a friends house and called to set up an appointment for him to come out and give her a bid to do some tile work in the new house she was building. The house is more than an hours drive from where we live and at the time my husband was working on one job and had three more to do after that. He was told the woman was very hard to please, he loves doing work for the "hard to please" more than anything, but he does not like to drive more than 30 or 45 minutes to a job(they always take 3 times longer to complete). Because of his lack of help, the long drive there and back, and so many other prior commitments he originaly told her he would not be able to take the job. We did not hear from her for a couple of days then she called again. She wanted to know if she provided him a camper to stay in at the job site so he would not have to drive back and forth would he be able to atleast do the kitchen, one bathroom and a mud room so that she could go ahead and move in. He decided to meet with her and give her a bid ONLY because if he stayed at the job site he could work her in to his schedule. He told her the cost for the three rooms and when he would be there to start. He had to rearrange and reschedule 2 months of work in order to fit her in. The night before he was to leave to start the job, she called to let him know the painters had not finished yet(he will not do ANY work until the painters are done!). This meant MORE rescheduling and rearranging! Since this happens often in the Construction line of work, he knew she was not to blame and told her to call and let him know when they did finish painting and as long as he had two days to wrap up whichever job he was working on at the time it would not be a problem. She called 2 weeks later and he told her he would be there in 3 days. When he got to the job site there was not a camper for him to stay in as promised. She just assumed since it had been almost a month since he told her he would do the job that he would no longer need a place to stay because he would have finished the jobs he had scheduled and only have hers to do. He told her he would work on her house for the next four days(this is the amount of time he had figured it would take him to complete the 3 rooms if he stayed on the job site as planned) but he would not be able to come back and finish up for two weeks. He had a job scheduled after hers that would take him 2 weeks. He worked the four days and told her what trim pieces he would need to complete the mud room when he came back in two weeks. She paid him $1200, $400 of that was for him to purchase needed materials for that job. When he left that day $2,000 worth of work had been completed. She paid for $800 of it leaving $1,200 unpaid. The $400 worth of materials were purchased by my husband that week and delivered to the job site so that they would be there when he returned to finish the job. That same week the lady informed a friend of ours who was also working for her that my husband had not returned to finish the job and she wanted to know why and when he would be there. She told our friend to tell my husband that since he would not complete the job she hired someone else. Now we are served with papers that she has filed a civil suit. She is asking for reinbursement for the cost of supposedly having the work my husband did torn up and redone, attorney and court costs, repayment for the $1,200 she paid my husband, and for costs of materials(used and unused!). There was no written contract, the bid was not even written. We were unable to get photos of the work done by my husband and have no way of knowing what the house looks like or has in it now since she also fired our friend who was working for her(he has worked for her for years doing wallpaper and was a long time family friend). She still owes my husband for the work done on the house!
 
Against an attorney and a judge's home???? He does not like conflict and his work is an art to him. He would not do that. I have to file an answer before the 19th with the court, I just wanted someone else's insight.
 

HomeGuru

Senior Member
S.Wilsford said:
Against an attorney and a judge's home???? He does not like conflict and his work is an art to him. He would not do that. I have to file an answer before the 19th with the court, I just wanted someone else's insight.


**A: sheesh, who cares if it was the Govenors' or the Presidents' house. File the lien.
 

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