Alright long story short someone hit my car and agreed to pay me instead of turning it it. We had a verbal contract and no written contract. I got quotes the next day and we all agreed that they would pay $1100 for damages, and I was paid $400 in cash the day I handed them the quotes. The next week they decided they wanted to turn it in to their insurance. At this time our verbal contract was amended so that we agreed after the insurance paid a sum of on or around $1100, that I would return their money to them, but NOT until I was paid in full. I tried to get written agreements several times to no avail. Now a month later it appears I have received a summons and being sued for $400 plus costs. I have still not received and money from the insurance company and trying to get in touch with them is a waste of time. I'm thinking since I haven't received payment from anyone I am counter suing for the full $1100 plus costs. Oral contracts have some standing in court, but its not like a written agreement so Im unsure how the outcome will be determined. I have 3 witnesses, and am reading up on the different statutes, especially the Statute of Fraud which requires that certain contracts be in writing to be enforceable. How do yall think the case will go? There is no written contract so I do not see how anyone can be paid.