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Breach of contract, contract/agreements, oral agreement? Burden of proof?

Fort Lauderdale, FL |

I have text messages stating an exchange between myself, and where a person agrees to hold money for me. Now that person does not want to give back money, unless it seems I can have the burden of proof on my side. Can text messages printouts, and my bank statements showing transfer be enough to win case on its own? Also could that have bearing on making them look deceitful, and untrustworthy to the Trier of fact in relation to this other part of the lawsuit I have where I have a combination of oral/written evidence that is not as clear cut as the text messages mentioned beforehand?

This is to get back thousands of dollars, and this person is extremely well off.

Attorney Answers 2


Regardless you would want to present all the evidence you have. Whether or not this would persuade the trier of fact to find in your favor is impossible to tell, but based on the description it sounds like the text messages could be used as good evidence. It sounds to me like you may have a good case.

This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only.

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I agree with my colleague. You would want to present all evidence of the agreement, including your own testimony. However, it is unclear from your statement whether the text messages were from you or the person who agreed to hold the money for you. Self-serving text messages might not be the best evidence but if you have a text message from the other person then that would constitute an admission against interest that could be very helpful at trial. The bank statement, provided it is authenticated, and your testimony would be prima facie evidence that the money was given to the other person but the bank statement would not show the intent behind the transfer. Bottom line, you would need to explain to the judge why you gave the other person money to hold for you and that it was not a gift. It would be up to the judge to resolve the conflicts in the testimony and evidence to determine whether you the funds were a gift.

Scott,Harris,Bryan,Barra&Jorgensen,P.A.: (561)624-3900: This response is not intended to create, nor does it create an ongoing duty to respond to questions. This response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed. The response is given for informational purposes only based upon the limited facts set forth in the question. To the extent additional or different facts are presented, the response might change.

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