an airconditioning repairman agreed to pay me a 10% comission on a $65,000 job that i recommended him or. He agreed to pay me $5000. there was no written agreement. However, he asked me by text message if he could only pay me $4000 instead of $5000 . Then the day he got the $65,000 check he text me and said that he has got my $4000. He never paid me . Can theses text messages serve as legal contract and as evidence that the money is owed.
Lawsuit / Dispute Attorney
Weather or not an enforceable contract exists would be determined based upon a variety of factors. Text messages, however, can certainly be used as evidence in your case if they are relevant to the dispute.
THIS RESPONSE IS NOT LEGAL ADVICE. IT HAS BEEN PROVIDED FOR EDUCATION AND INFORMATION ONLY. Mr. Mann is licensed to practice in the State of California. There is no implied or actual attorney-client relationship arising from this educational exchange. Moreover, the facts provided by you were not sufficient to allow Mr. Mann to advise you specifically regarding what you should or should not do. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Mann is under no obligation to answer subsequent emails or phone calls related to this matter, or to take any action whatsoever.
Real Estate Attorney
As Mr. Mann states, the text messages are admissible to show an agreement. The big problem might be "authenticating" them. You have to show that the messages are what you say they are, including that the other person sent them.
Yes. The text messages can be used as evidence in small claims court to prove the existence of an oral contract.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.