I loaned my "bestfriend" $600 back in Feb 09'. I gave her $350 cash, 60 cash another day, and the rest of the money I let her take my debit card and withdrawl the money from my banks atm. She was supposed to pay me back when she recieved her tax refund (Which would have been in the beg. of March). I have repeatedly asked for my money back since the beg. of April. She told me the first weekend of April through a text message that she deposited $650 in my bank account. (An extra $50 for waiting so long). I never checked my account, assummed it was there and it was not. Reusulting in $245.00 in overdraft fees. Want to sue for $845.00 plus filing and court fees, maybe even a little more for my troubles. Being that I needed that money for surgery and daycare. I only have texts as proof.
Contracts / Agreements Lawyer
You may have more than texts as proof - you have your testimony, the defendant's testimony, the possibility that bank evidence will show the defendant's use of your debit card, and any other evidence that the money was not given gratuitously. If you can establish that the texts were from the defendant, I believe a judge should accept them as evidence. To the extent the texts confirm the debt, the intent to repay, etc., they should be viewed by the judge as admissions of the defendant and not excluded by the hearsay rule.