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?
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'.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. 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. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
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.