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Who' s to say...

Topic closed. 19 replies. Last post 3 years ago by billionaire2bee.

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Kentucky
United States
Member #32652
February 14, 2006
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Posted: October 18, 2013, 8:44 pm - IP Logged

Rj having to PROVE that he didnt enter into a verbal agreement...that's his burden he has to prove...the plantiff will be bringing the suit will say that he entered into the agreement, RJ has to PROVE he didnt...on another note how do you prove you didnt enter into a verbal agreement?? Just by saying no I didnt?? Or what

"the plantiff will be bringing the suit will say that he entered into the agreement,"

They can say Santa Claus and the Easter Bunny witnessed the agreement, but if they don't testify, the plaintiff still has to prove a verbal agreement existed. The plaintiff lists their allegations in a complaint, which would probably include a verbal agreement.

"on another note how do you prove you didnt enter into a verbal agreement?? Just by saying no I didnt??

The term "burden of proof" must be confusing you. In civil cases, the plaintiff must prove by the preponderance of the evidence, which could be be as simple as which party is the most believable.


    United States
    Member #130815
    July 25, 2012
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    Posted: October 18, 2013, 9:15 pm - IP Logged

    "the plantiff will be bringing the suit will say that he entered into the agreement,"

    They can say Santa Claus and the Easter Bunny witnessed the agreement, but if they don't testify, the plaintiff still has to prove a verbal agreement existed. The plaintiff lists their allegations in a complaint, which would probably include a verbal agreement.

    "on another note how do you prove you didnt enter into a verbal agreement?? Just by saying no I didnt??

    The term "burden of proof" must be confusing you. In civil cases, the plaintiff must prove by the preponderance of the evidence, which could be be as simple as which party is the most believable.

    Like the Bud Post case...

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      NY
      United States
      Member #23835
      October 16, 2005
      3502 Posts
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      Posted: October 19, 2013, 2:30 am - IP Logged

      Rj having to PROVE that he didnt enter into a verbal agreement...that's his burden he has to prove...the plantiff will be bringing the suit will say that he entered into the agreement, RJ has to PROVE he didnt...on another note how do you prove you didnt enter into a verbal agreement?? Just by saying no I didnt?? Or what

      If you ever win, I trust that you'll just write me chcek for half of it and not bother wasting money on a lawyer to try and prove you didn't have a change of heart and promise me half. Hell, maybe I should claim you said you'd give me all of it.

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        NY
        United States
        Member #23835
        October 16, 2005
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        Posted: October 19, 2013, 2:57 am - IP Logged

        If it can be proven that a winner played with other people regularly those people will certainly have a better chance of convincing a judge or jury that they were playing together when the winner won, but only if they were stupid enough to be doing it without a written agreement. If they played together only infrequently their claim will be that much weaker, and when they played together may be very persuasive. No longer working with  people you occasionally played with would be significant. Playing together for big jackpots would be mostly meaningless when winning a modest jackpot.

        FWIW, it seems to be fairly uncommon for people to claim they're entitled to a share. It happens, mostly with pools, but for the majority of jackpots we don't hear anything about disputes. As uncommon as it is for a friend or relative to come forward and say they're entitled to a share, I'm inclined to think that many of those cases are either legitimate misunderstandings or winners reneging on a real agreement. For the latter, I'm sure a lot of people make offers to share simply because they figue they won't win and aren't really offering anything. I've got a friend who has said on at least two occasions that she'd give me half if she won. I'm sure she meant it at the moment she said it, but I also know that it was a spur of the moment comment she hadn't thought through.


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          July 25, 2012
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          Posted: October 19, 2013, 7:44 am - IP Logged

          If you ever win, I trust that you'll just write me chcek for half of it and not bother wasting money on a lawyer to try and prove you didn't have a change of heart and promise me half. Hell, maybe I should claim you said you'd give me all of it.

          You said if I ever......how do you know I havent already?? Since I could be standing next to you and you'd have no clue who I am anyways, I say go for it and file your suit...LOL