Defense Strategies for Small Claims Cases Involving Verbal Contracts

Question:

What is my defense if someone filed a small claims case against me, and the main reason is that she breached our verbal contract?

Answer:

Applicable Laws:

Small Claims Rules of Procedure: Governs how small claims cases are handled in the Philippines.
Civil Code of the Philippines: Provides legal framework for contracts, including verbal agreements.

Common Defense Strategies:

Denial of Contract Existence: One possible defense is to argue that there was no binding verbal contract. However, this may be challenging if there's evidence to the contrary.
Lack of Consideration: A contract, verbal or written, must have consideration (something of value exchanged). If you can prove that the other party did not uphold her end, the contract might be considered void.
Material Breach by Plaintiff: If you can prove that the person who filed the case against you was the first to breach the contract, this may serve as a strong defense.
Statute of Frauds: Some types of contracts must be in writing to be enforceable. If the contract in question falls under this category, this can be your defense.
Estoppel: If the plaintiff acted in a way that led you to believe she had abandoned her obligations under the contract, you might use this as a defense.
Inadequate Documentation: Small claims usually rely on evidence. If the plaintiff lacks enough evidence to prove their case, it may be dismissed.

Additional Advice:

Document Everything: Keep any evidence that can prove the plaintiff breached the contract. This could be text messages, emails, or witness statements.
Consult a Lawyer: While small claims court is designed to be simple, the law surrounding contracts can be complicated. Consult a lawyer to understand your legal standing better.
Timely Response: Once you receive the summons, prepare and submit your response as per the guidelines set by the court. Delaying this could impact your case negatively.

Conclusion:

If someone has filed a small claims case against you for allegedly breaching a verbal contract, and you believe the plaintiff was the one who actually breached the contract, you have several defense strategies available. Gather all necessary documentation and consider seeking legal advice to strengthen your defense.

Disclaimer:

This article is for informational purposes only and should not be considered as legal advice. Consult a qualified attorney for advice tailored to your specific situation.