email evidence

[withonel]

What is the name of your state? CA

I have an email from my ex that states I paid him $1300 in 1998 for back taxes owed during marriage(96 & 97).
The back taxes were supposed to be paid by him through a bankruptcy, however he defaulted on the bankruptcy and never actually paid the taxes. I eventually paid the IRS in full because the debt kept mounting and he refused to pay.
I want to take him to small claims court for his share of the taxes. The divorce agreement states that we were to split the tax debt so I think I have a good chance of at least getting a judgement against him.
Will the email be sufficient evidence to get the $1300 I paid him 1998? I don't have receipts for it, because he refused to sign receipts, he didn't have a bank account so he wouldn't accept checks, I always had to give him cash or he would make me pay the daycare in full and deduct that from the payment I was supposed to making to him. I have cancelled checks for all the payments I made to the IRS and copies of individual tax refunds that were applied to the joint debt.

 

[hexeliebe]

I'm assuming you didn't pay the taxes

in cash? If so, don't rely on the e-mail. you'll still have to prove he sent it and that's problimatic at best.

Why don't you just use your cancelled check that you paid the taxes with along with a statement from the IRS that the back taxes were paid in full.

It's evidence enough that you paid all of the taxes and that your divorce decree stipulates he is to pay half .

 

[withonel]

I'm going to sue him for the amount I paid on his behalf directly to the IRS based on the evidence of checks to the IRS, my individual tax refunds and the court approved divorce agreement. I actually paid over $8K to the IRS in total, he owes $4K for that, I think I can get the judgement for that because of the proof I have.

I want to use the email, with the headers from his email address at the time, to show that in addition to the payments to the IRS, I paid to him directly $1300 and am entitled to receive that back in full since he didn't pay the taxes with it. So are you (hexeliebe) saying I can pretty much forget getting the $1300 he essentially stole from me since he didn't pay the IRS as agreed?

 

[racer72]

Before you waste anytime suing your ex, you may want to check with a local attorney for a verification of your state laws. You already have a court order specifying your ex is to pay part of the tax bill. Because your ex is already has a court order to pay, you may not be able to sue for the same debt. You will have to bring your ex to court for being in contempt of your divorce decree. If found in contempt, the judge can at that time issue a judgement against your ex. If you were to file a suit against your ex and it is dismissed for a procedural error, you will not get any of you filing fees returned.