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Will copies of texts and Facebook messages be sufficient documentation to prove somebody owes me money in small claims court?

Marietta, GA |

I took out a personal loan to help a friend. The loan is in my name only and I did not get anything "officially" in writing, but our personal communication clearly shows that he owes me this money. Will this be enough to hold up in court?

Attorney Answers 3

  1. Depends on whether all the elements of a contract are present in the email. Manifestation of intent to be bound at a time identifiable, sum certain, other key terms agreed and verifiable sourcing. What non lawyers think 'clearly shows' is almost always different from what lawyers and court's need to see. Take what you have (the emails) to a TX attorney for a 'sniff test'.

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  2. Probably. Con tact an attorney and go over the emails with him or her.

  3. Contracts can be written or oral. If the contract is oral, as in your situation, and the debtor denies the obligation, things such as texts, e-mails, cancelled checks, and witnesses can assist you in proving your case.

    Depending on the size of the loan, it may be worth discussing the matter with an attorney in an initial consultation office visit.

    I am licensed and practice in the states for which I answer questions. Nevertheless, the answer is based on a limited amount of information. Additional information may change my answer.