How to win in small claims court-without lawyer-attorney-present case
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- Опубликовано: 25 июн 2024
- How to win your case in small claims court when somebody owes you money, here are five things you need when you talk to the judge. Since being a landlord since 2004, I've pretty much seen it all. I've also done business with people that simply don't keep their word and run off owing me money. What I've learned is there's 5 key things you must prove when you plead your case to the judge. This video will show you the 5 steps you must take to win your case. Leave these 3 out and you will lose.
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00:00- Intro
1:40 - Dates, The judge wants to know when the agreement started and the key dates that should have been kept
2:55 - Locations- Where were you when you met the defendant to do business each time
3:50 - Story/Intent - What was your intentions in doing this deal, what were your expectations
5:10 - Documents, Electric or Hard copy - Make sure your intentions are on paper so you can paint a clear picture
6:25 - Time Line- Keep a record of the relationship and how the defendant took action during the agreement
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#howtowinincourt, #whattodotowinincourt, #whattosaytojudge
• How to win in small cl...
I won my case in small claims yesterday! Thanks bruh!
hey, I'd love to hear about it and teach my RU fam some lessons from your real world experiences, hit me us kris@krishaskins.com
Can u hap me plz
What was your case about ?
Okay but winning is one thing… have they paid up?!
🔥"I don't take it to the streets,I take it to the Judge."🔥 I tell ppl all the time I'm going to court & on time..I always keep notes, dates,& names☺.then they think if they want to try me..
good points, it's no need for peeps to lose their life over a few dollars. We're too gun crazy now days.. thnx
@@krishaskins straight facts
I do to but I'm hearing that's just not enough I'll need a lawyer
Not only is this super helpful for something that is scary and very unknown, but also great preventative advise about keeping timelines!!!
Kris, your advice of telling a story to the judge & using documents as milestones of the dialog makes a lot of sense to me. I hope my dispute can be settled without going to court. Still, you've inspired me to spend my day off on Friday at Small Claims Court to watch the process in action. If we go, I'll be as ready as I can possibly be. Thanks very much!
Sweet, it is an art that I've learned from going to court so many times I can't remember. Paint the story because I promise, ur adversary is not going to have their story 2gether....
@ tamonicus, did you have an attorney to reprensent you?.
Hi Kris! I’ve got a breach of a lease contract for the landlord not continuing to provide me and my son a “habitable” rental unit [declared unsafe structure twice with in a few months for repairs they are procrastinating on fixing 😮)!! Wondering how to go about pursuing them in small claims since I spent a ton of money since I moved in Aug 1 😢 I’m also gonna email you 😊
Needed this, thank you!!! My landlord had me do minor work like paint, change locks, clean windows while i was still a tenant. I sent him a invoice and then he report me to the department of labor lisencing andbm consumer affairs saying i was a a contractor on the house and they charged me 500$ because they said i acted as a contractor and needed a permit and license todo thay kind of work, sayin the invoce i sent him was considered a contract. He then now is suing me in small claims court. Glad we at this point because now i can really prove my case infront of a real judge
That was a great peace of information. I made a note of those 5 things, now I feel more organized. Thank you
This is good advice. I'm an expert at tenant related small claims cases with 26 years of experience. This young man is spot on. Judges love irrefutable evidence, especially when it flows together to create a imaginable situation.
Well this makes me feel reassured, it's great to get a cosign from an expert such as yourself. I'm not above learning and finding out how our "system" works. I appreciate u chiming in...
How do you subpeana video evidence in small claims court? What do they call it? Like juror sercumidum blah blah. Not a big talker
@@warrentoles3127 dependent on the circumstance, is the video run by a government agency witch is funded by tax payers making it public properly? In this case it would fall under the Public records act. Public video recordings, Gov't section 6252(e)-, are presumed to be open to the Public and must be disclosed unless a specific provision of the Act or other law exempts them from disclosure. In short, would have to be requested from the Governing body in writing. In the case this is private surveillance it would be considered private property. In a small claims case the owner of said property can be subpoenaed as a witness though ultimately the decision to share the video would fall on the witness. Hope this was helpful. God Bless.
@@owl1873 it doesn't work like that. Lol.
@Owl 1, you say you're an expert with 26 years of experience. Does that include small claims regarding tenant/landlord?
Long story short..BE SHORT BE DETAILED!!!
Great content. Thanks for sharing! Keep more coming!
This is awesome! Exactly what I needed
Going to small claims court Tues and came across this vid. Thanks very much for the clear way you explained the process. Im going to paint the story and be as prepared as possible.
Really good. Clear and concise. Thanks.
This is gold man, much appreciated. Got me ready for my first small claims case with a tenant coming up
OK, you should win hands down. Just have your story straight and your notices correct. Some language has changed since covid hit.
You kept to the hard facts... straight forward advice. Nice Job, I took notes and will feel better going in Knowing these suggestions and details. subed and liked
I’m suing my apartments. I haven’t had heat in 10 months and have given written and oral notices over the 10 months. My rent has always been current.
Blessings Mr Kris,
I’ve been trying to resolve a non real estate issue for a couple months now and during that time I’ve gathered all documents dates times etc and trying resolving with persons but have gotten nowhere.
Then a couple days ago I thought of small claims and your video came up first on my search and it is a perfect presentation as to my questions. Great video and I will recommend.
Regards good sir!
You are absolutely Heaven Sent. Thank you so very much for providing all of this useful information. God bless you😊🙏🏽I have not won yet, but after reviewing this video, I can now go back to the drawing board and make it all make sense so that I can win my case!
well, I can't guarantee you'' win, BUT if you have all this stuff for the judge, I promise he'll have to dig deep to deny your case. How many cases have I won over the years with this same stuff....
Well said. Going In... Thanks Coach!
Thank you for the tips. Helping my mother with her case against Synchrony Bank. We have it prepared now!
Oh wow, what happened with that? Banks think they can do whatever the heck they want. I'm glad u pulled up on them.
Chris, just watched your video....going to a small claims tomorrow as plaintiff (remotely)....you made it so simple, and no attorney even talks about it...Thank you
good, make sure your timeline is on point, the judge will love you. Let me know how it goes please???
@@krishaskins Kris, it went out well., waiting for the judgment...your advise helped a lot...what was unusual is that the hearing was held remotely over Zoom with a lot of noise while the defendant showed up in person...I am not sure which format is better but, for me personally, it is preferable to look my opponents in the eye...
Thanks for you advice!
Thank you for this Gold
you're extremely welcome, I figured it's the least I could do for my people. Further, I've been to court so many times, I've seen my people get taken advantage of many times... Go make it happen.
good advice, thank you
Great information thank you
I want to be a landlord and I get it but you are helping me win my small claims case against my ex landlord. This is beautiful, thank you!!!
Love the sound effects!
Very helpful. thank you.
Glad it was helpful! It’s my duty to be a servant to my peeps to get this word out
Take it to the Judge!!!
You are a PRO!!! im subscribing
I appreciate that, I never really sought to be out there delivering this message, I just studied and tried to be the best I could be. I further put this word out to be a friend and ally of the ordinary person going through the same MESS I have to go through, so it’s my honor, thnx for supporting
Thank you for sharing this..I lear something
Thankz bro helped alot
You know, I struggled to make this video as I dont want people to use or for destructive purposes, but now that I see the high cpm and many peeps it helped, I'm thankful I did. It seems like the more we share, the more peeps we help, please use this stuff for constructive purposes
Thank you so much
you're the man!
Thank you :)
thank you for the lesson
It's my honor to serve... 👉Make sure you join our email list so you don't miss any exclusive trainings, events or Questions of the DAY: aw8d9fb.aweb.page/p/6cca7548-b8c4-4a7e-a6b6-9cdc9b706c48
Being a nurse this was also golden we DOCUMENT EVERYTHING
great info Kris, I need to ask you a few questions concerning landlord/tenant rights in Florida and small claims, please respond.
Excellent video! I'm in the middle of a Small Claims case with a guy who lost .. but now wants to appeal the judge's decision. Just need to make sure I have all my ducks in a row - this helps immensely! I'm getting my info prepared before he even files his appeal. Thanks again! Oh .. one more thing, do you have any videos on Small Claims Appeals specifically?
Wow, sounds ur on a roll, if he appeals, make sure u ask the judge to hold the amount of money he owes in escrow so u don't waste unnecessary time. That's a beast move
@@krishaskins Can you please explain more on what you mean escrow
I won $7,500 he appeals and then postponed court hearing I'm cool I got alot going on so this gives me more time to handle things
Thank you for the information. I was also wondering how would you introduce your witness.. would it be after you tell the story ?
Mission and ministry!!!
Yessssss!!
Feeling confident with the information you provide! But at the same time, confused and uncertain (long story). I am looking forward to going to small claims court for being scammed almost $1,500 to a fraud. I dont have his name because the police wont give me that information and the leasing office wont give me that information as well even though they are well aware of the tenant who scammed me into subleasing his property. I feel hopeless!
Bro the story you just said with the car and it needing more work is on point that's why I'm watching this! Guy quoted me about 5k for paint and minor body work all to end up with a 10.7k bill lol nope sorry pal. And didn't know the price would double until he took of all the paint and the car was disassembled..had him quote it 2 times too!
Damn you got screwed.
I got fired for "absence" while on medical leave... I'm very young (18 when it happened) and easy to push around so thank you so much for your advice, I'm feeling a lot better about this. wish me luck in court!:)
@miskyx5447 is there an update?
Thanks for the boom boom boom
All facts! I had to go to small claims (twice! Against sellers then title company) to get my earnest deposit back and I had to do exactly this and won
“I can’t even count how many times”😭 Good video Kris!
Well, I try to forget about it but it haunts me till this day, the stress is going to court, it's a part of doing business.
Great video, I'm currently putting my case together about an illegal tow. They damaged my car and there's not tow signs posted at entrance. I feel like I have a great case. They recently offered to fix my bumper? Is them accepting fault? I'm going to take it all the way.
I concur
I just lost small claims, it’s about a vehicle that I bought that completely broke down after two weeks. The car dealer try to fix it twice under a warranty that I thought I had. The judge said he only rules because I don’t have a warranty, but isn’t it still since it was not sold as is “do you think I should be able to get my money back for the vehicle?
Kris, would you take personal injury from defective product to small claims court or high court?
Your points mostly are that the more context you can provide to your testimony, the more believable it is. Having contemporaneous notes of conversations, meetings, and other events can be powerful in court.
But the most important thing to do to win in court is to get your agreement in writing from the get-go. It doesn't have to be a big deal formally drawn and witnessed document, so long as it has the essentials of the agreement -- what each party is supposed to do, when, how, where -- and both parties sign and date it, it will be pretty much all you need.
"I am paying you $500 today and I'll pay another $1,000 when you finish painting my house next week. This is our agreement." If both parties sign and date it, the court is going to take it as the law for the dispute between you. If there's a breach, document the events as best you can at the time they occur.
I judge this sort of thing often, and nearly all of them would be so much easier if only there was a signed agreement. You don't get a signed agreement because you think you will need it to sue successfully --- if you think you may have to sue, don't get into the agreement at all. The agreement means no one has to rely on memory of what was promised. That's useful, even when there's no court action. Necessarily, when parties come into court and they argue about what they agreed to, I have to start from the position that they must not have thought it very important if they didn't commit it to writing.
Yes, I know, I actually forgot to mention have an agreement in writing. I guess I thought that was understood. We never do anything w out an agreement so I’m hoping my viewers won’t either. Great points here. If ur a judge, it would be nice to get an interview krisbuyshouses@gmail.com
Hello Kris. Do you send evidence prior to your court date ?
Thank you for the advice, I’m going to file a small claim today against this woman who disputed a credit card transaction made towards me as a payment in my business.
you know, unfortunately peeps file these cc companies are in biz to protect the buyer, I have peep all the time buy stuff and then demand a refund. It's just the price of business. Tell me, can you simply give them the money back and move on? Or do you need this to keep the biz going???? Sometimes it's best to leave those types of peeps alone, it's not worth it, sometimes.
@@krishaskins well I’m going to have to do something about it because if no one does who will. People like her need to be put in jail for committing fraud
Do you have any tips for tenants suing landlords in court I had a very filthy apartment manager and complex as a whole they never fixed anything, left the previous tenants belongings in my unit , and my last straw was the sight of mold and roaches coming from the vent that attached from my neighbors apartment to mine. Then I was ready to go the lease was up in about a month I stuck it out and made sure it was clean when I left except for 3 minor stains which fall in normal wear and tear but they decided they where not giving me any of my security deposit and were not going to provide me any receipts or evidence as of why they would be keeping it so now I’m suing. Sorry this is so long, thank you for help. It’s greatly appreciated.
am awaiting for my case from a small claim court. any tips how can i appeal it?
Can we write down what we want to say and read it?
smart.
Hi Kris, Thank you for doing this. It's great! What do you think about providing the Judge with photos?
yes, always good having pics of the case info, the judge loves those. You have to think, MOST people come in there ill prepared, and waste the judge's time. YOU will come in there like perry mason and make them happy they came to work that day..
@krishaskins please help. For proof with using photos or videos do I need to provide permission to show the pictures or videos or can I just present them during my turn on the stand!?!?! Plz I have a court case soon.
@krishaskins Hi Kris, I don't know if I can sue in my situation, and I would surely appreciate your opinion. My friend offered to keep my stuff in her garage until I could get my own apartment. When I did, I sent her a 'thank you' card to give her the good news. She wrote me back saying that my stuff was gone, that she had sold some things, gave some things away, and threw away the rest. She said that she thought that I would be disappointed. She said that she had tried to contact me. I had had the same phone number and Email address for over a decade, and I was devastated, not disappointed. What do you think?
Wow your honour i wish i had the phone history but i dont have it. As its from 3years ago..
I’m not in small claims court YET but I have a feeling I have to get judgement and go this route with the person I’m dealing with..
We have a stipulation at the moment so I’m awaiting to see if he messes this up if he does I want to sue for more
"The TRUTH has a story to it." WELL SAID!!!
Hello, I have an ex that told me I could move in with her and not worry about any finances yet and focus on going back to school full time.
She gave me 3 months. Also GAVE me money multiple times even after I said I don’t like this and don’t want to feel like a mooch.
It was t an issue until she kicked me out in one days notice.
I had also been driving a car she was giving me and had me put my breathalyzer in it.
Then she took that while so was sleeping.
After multiple promises she would not kick me out or take the car back.
She ended doing everything she said she wouldn’t.
I ended up almost homeless and failed my semester in college costing me my scholarship.
new sub!!! just found you!
welcome to the ride, please fasten your seat belt, put your seat backs up and tray tables up, it's time for take off..... IT WILL BE BUMPY AND TURBULENCE!!!!😉
My aunt is holding my items in her storage unit after we had to move out our house because of her divorce( two day notice she gave us) now she’s requesting that I pay a overdue fee for the storage but my name isn’t on the lease so I don’t even know if she owes money fr or if she just want me to pay her ( which I’m not because we never agreed to that ) is this a good case ? She’s holding like four crates of just my clothes and hair products and my purse
Thanks , Sad thatI have 2 sue my friend ..Never do business with friends with out contract or documentation .....now it's ruin our friendship & I have to take him to small claims
OK, I hear you. It honestly sounds like they may NOT need to be a friend any more. If a person will let a few dollars change the way they treat me, it's time to move on. I don't know why so many of my peeps mess up small money. I mean, go out there and mess up some millions, not a few thousand.... If you gotta lose a friend, make it over real money...
Hi! I have a big question, me and my boyfriend broke up and he left a watch at my house that I have already gotten rid of because I wanted no memories of him. Could he take me to small claims court court?
This is my second time watching I’m super nervous
Well, just get all ur info 2gether that we discussed. The judge will be happy u have all the data. Let me know how it goes?
@@krishaskins the ruling was “Take none”
Why is it so hard to find a tenant attorney who can give you consult on how to get a $5k back from your landlord. We asked to extend our lease but shortly told LL we can’t afford higher rent so we will let old lease expire in 45 days. After we moved out he said he’s keeping our $5k deposit.
I've gotten over 40 calls from a company I keep telling to add me to the do not call list. I sent them a demand letter but it was return to sender even though the address matches the website. Per FCC I am eligible for $500+ per call, but how do I continue. Is this even still small claims since the total of all of them is over the cap or is it 500 per call its own case each
What if you have witnesses and audio recordings? How do you present audio evidence in court?
Talking to landlords In Massachusetts. You can have all the documents, dates, bank statements, emails proving your dead beat tenant has been screwing you for months/years. The judge will give the dead beat tenant another 6 months rent free until the next court date. And then another 6 months rent free after that court date. Followed by another extension. Never become a landlord in Massachusetts.
you actually could be right, some judges, and municipalities, are NOT Landlord friendly. You must know where to buy and hold to be successful...
Can you also do one on criminal courts
hey, I wish I could, I'm not an attorney and would not know how to start on that my friend, sorry.
The person is in Miami Florida but I live in Oklahoma so I can’t go to the court! how can we do that?
What if your evidence electronic-based like a video recording? Bring a USB drive or laptop?
Hello Chris, I just came across your channel, thank you so much for the tips. I have a court case in a few days and my anxiety is through the roof. If your available I will like to contact you via email just to give you an idea of my situation and if you had an advice. Thanks
Yes, u simply never know what a judge will say or do, just have ur time-line and dates and truth you'll be good. If u really need me u can book a consultation in my Instagram bio
Great advice, thank you, but what do you after you win if the person still refuses to pay?
Well, u can pay to garnish their check if they have a job, and the ultimate beast move is a bank levy. Now, that's going to cost u, but other than that you'll have to try to find out where they get their money from or wait. Judgements don't mean much
Thank you Kris
What about getting the money if you win? It is complicated ?
'Preciate you Sir. I retired from the military and as an LEO and I'm getting ready to drop a $10,000 small claims here in NC for an unfair assessment and I need to be made whole again for damages and loss. I know it's not legal advice in the 'legal rep sense;' but I appreciate the refresher. It's been a minute but I'm fixing to do this like a homicide investigation. 😂
No doubt it's worth your time if you've come across my page, good luck to you.
Ex roommate left my bf and I with 1700 in collections from an old apartment, could we try taking care of this with small claims?
Is there such a thing as too much info ? A full break down of the time like including times
For an example the time you texted them and the time they texted you per message
Have to sue vrbo , they told me to self lodge after a host canceled on me and they would refund me, when it was time to refund they switched up on me and didn’t want to pay
What if you paid cash to someone you know for 11th ads. But you have text messages?
Can you do one for emotional distress compensation???
Unfortunately, I'm not qualified to teach that. sorry.
If you have to leave you're state to take the person to court, are you able to tack on your travel expenses? I'm asking because I live in New York and the person li es in Texas and they are requesting I show up in person.
That's a good question. Let me see about that one
I am trying to sue my neighbor for being noisy always and harrasment and moving cause of him, any advice? Thanks!
- Dates - on 27 July, you tube banned monetization on my channel.
- Location - not applicable
- Story - I run a youtube channel and try to educate people and talk about social issues
- Documents - Screenshot of the ban, email communication with youtube, I did everything I could to resolve the issue
- Timeline - Waited for 3 months but my channel ban was not lifted
(Sorry but these are notes in my own case).
Ok, that's a tough one there. Tell me more about what happened?
@@krishaskins Well RUclips banned monetization on my channel because of single warning and kept me fooled/misguided me that it is just a warning and no action was taken. I waited for 3 long months and after perpetual attempts to resolve, only find out that the ban is for life which I think is uncalled for. Seems like I have no option but to defend myself in the court.
I was robbed !! My mother hired a guy to block up my foundation to my mobile home and we bought the supplies and he built the foundation. Well after the job was done I crawled up under my trailer and found that the bricks were cut in half and the cut side was under the trailer. And he took the extra bricks when he left.. there wouldn’t have been any extra bricks if he hadn’t cut the ones he placed. He charged me 3800 dollars for the job. I have pictures of the half bricks with cut side under the trailer. I called a construction company and got an estimate to fix what he did and it is twice the amount of the original job!
Kris, I am conducting a product research on small claims court and watched your video. I would love to ask some questions from you for our product. Sample of my questions:
What is your biggest challenge when it comes to a dispute?
How do you solve that challenge?
How much time do you spend on each dispute?
How much money do you spend on each dispute?
What other challenges do you experience when you have a dispute?
Have you been to small claims court? How many times?
If you are interested this will be a very quick interview not more than 15 min.
I'm happy to do an interview but I've been to court too many times to count krisbuyshouses@gmail.com
@@krishaskins can I send you an email? I'm a former tenant of a property in fall 2021that I am now I am pending a case for 03/2022 , but considering this is my first time I've ran into issues that should have been prevented. Maybe you can help and how much will charge me? I cannot afford much as I am low income. Thanks and hope all is well.
Awesome video my case is that i tried to apply for an apartment in October. I went in and talked to a women in the office and she said they had a unit available so i decided to fill out the application at home with 2 other people. I paid for the application fees as well as the holding fee which ended costing avout 328.00. Moreover a week goes by and the landlord calls me that the particular unit is not available and that i would be refunded my holding deposit as well as the application fees becuase the unit was never even available. Its been 3 months and i still have not received my refund. Should i take this to small claims court? Should i get an attorney? Thanks.
well, I think I'd try to get a manager above the person in charge first, since it's a small amount, you'll be paying fees to file the case, so you'll have to get that back too, But the more I think, it may be a principle on this, they're trying to play you.
What do you do if you won and they appeal ? We called and they told us to write a letter but gave no information or templates for what we need to put in it.
Always ask to have Amy amount owed to be place in escrow. The court will decide if it can be done. That way u get the money either way. Go hire an attorney if they appeal.
I’m having a situation just like that where I took my car to get detailed and the guy ended up damaging my paint in addition to not doing half the job. He has been ducking me for about 2 months at this point
Nasty, the prob w this is you don’t know whether the guy has anything u can even attach a judgement to, remember-the only thing, the maximum and best outcome is simply a judgement from the judge. After that it’s up to u to collect on that judgement. Most of the time the answer is, well…. I believe they had a movie that sums it up pretty well…. NOPE
Your videos are good! I only have text messages and pictures of a food trailer I sold, she damaged the equipment. I dont have a contract. What do you think? I have pictures of her google map page that shows she used it for 3 months.
I paid a lady 500 upfront for a specific dress design . Low and behold, she just decided to put something together that’s far from what I paid for. I am now attempting to file a civil case against her. Hope this helps
hey, how's this case turn out?
@@krishaskins the judge ruled in her favor. She admitted, that she didn’t have the dress ready on the date it was supposed to be ready and that she didn’t create the design I paid for. Her son attended the preceding and mentioned a few names to the judge. The judge was like okay, I have made my decision. He stated since we both had been honest, the burden was on me to prove. He ruled in the favor of the defendant. I said that I could appeal.When I walked in the hallway to pay the fees to appeal his court reporter and others walked up to me upset. Saying how wrong this case turned out. Anyway, I burned the dress and gave her, her son and the judge to GOD.
After you win can you send it to collections when they refuse to pay, in Ontario winning in court don't mean you get paid.
it's the same here too, you don't know if a judgement will lead to you getting your money..
Can this help with a discrimination at the work place n unpaid wages as well refusal to communicate like I was assualted by an exemployer n petty actions afterward like I now refuse construction work based on prior experience with worthless companies and bad coworkers
Well, it all depends on what u can prove my friend. U know this European style justice is based on whether there’s enough “preponderance of the evidence” so collect all u can
They’re good points, Kris, but a little lacking. At the very least you need to remind people that it’s good form to bring three copies of every single document you bring in: one for the judge, one for yourself, and one for opposing counsel.
Ok, that’s a great point, I’ll have to add that or to my list. Thx for dropping it on us!!!!👉Make sure you join our email list so you don't miss any exclusive trainings, events or Questions of the DAY: aw8d9fb.aweb.page/p/6cca7548-b8c4-4a7e-a6b6-9cdc9b706c48
Hi 👋 do you do consultations?
hey there, it's a pleasure to help, here's the link to sign up: www.therealestateroundup.com/one-time-consultation/
Hey hope all is well I wanted to know can you help me with a few questions my claims are not small because my car have been totaled because of this person.
I have too much psychological damage and financial damage from the California Franchise Tax Board when I take them to court am I allowed to have a legal standing I'm afraid I'd end up having a nervous breakdown or my for my illness to be exacerbated in court is there some way I can have a legal standing can somebody please help me
Wow, that's real. These things can be highly emotional, I'd strongly suggest getting council on this one. But what happened w the franchise board?
Can you still sue if after a while you said “just keep the money”…. Even though I still want my money I just felt like he wouldn’t give it to me
remember, you can't change a written agreement w/ a verbal. Did you say it in writing??