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What are my chances of winning in small claims court?
Me and my buddy completed an album back in October of 2008. As soon as we completed it, we filed a copyright application soon after and sent it to the US government for verification through LegalZoom.com. I volunteered to pay the total price of $149. My buddy said he would pay me back $75. Then in February, we filled out an application to publish the album through Disc Makers. We ordered 1000 CDs and the total price came out to $1545.18. Once again, I volunteered to pay the total price. He said he would pay me back half of what I spent on the albums. Now towards the end of April, we got into an argument. We didn't speak afterwards. It's a complicated relationship, too many details to explain. I turned around and said that I wanted the money that I spent on the albums and the copyright. He turned around and said that by giving me 60 CDs out of the 1000 total, that was $600 in value. Does that makes sense? That just sounds stupid to me. The albums were selling for $10 but they were really about $1 each when I purchased them. I made copies of the Disc Makers application with his signature on it. I have a copy of the check signed in my name that was sent to Disc Makers for $1545.18. The same holds true with the copyright application receipt which is in my name. I printed that out off the website. He's reluctant to pay me back the money and says he's not afraid of court, police, or me for that matter. What are my chances of winning in small claims court? Do I have enough evidence? I would think that because I own 50% of the album, I'm entitled to my money. Now as far as the verbal contract goes when he said he would pay me back, is that one of those "his word against mine"? And I haven't been completely professional I admit. We got into an argument over the phone on Memorial Day. There were things said that I regret saying. I was angry. I let my emotions get the best of me. I sent a text message the following day apologizing for my behavior and saying that I didn't want to argue or fight anymore, I just wanted my money. I got no response. I'm now thinking of calling him again to apologize and get him to admit to the verbal contract while recording the phone call. Is the apology necessary over the phone as well? I'm not sure about this. It seems like he could use my attitude towards him as an excuse in court to get the judge to judge me on character. It's a lot of money that I don't want to lose. What do you guys think? Oh and sorry for the long question. Feel free to ask me for details as I will extend the question if need be. Thank you.
Public Comments
- Do not call him. Email him reiterating the verbal contract agreement requesting that he pay forthwith. What you want is his response in writing. It doesn't matter if he tells you to go get bent..just as long as he does not dispute the terms of the contract in his response. Do not negotiate or agree to changing the terms of the contract. Then go to court. You will win.
- This case is destined to be a winner. Keep all receipts and copies of everything that you purchased etc. Take this to court and be a winner. This is why written contracts with both signatures are always good. however verbal agreements can be honored especially in this case.
