Small claims question...

[Stuwing]

I'm in California and have a small claims question. I have been collecting $50 a month, for more than a year, from someone who owes me about the maximum you can sue for in small claims court here, about $7500. This person has stopped paying me, since November. I have nothing in writing showing anything is owed me. I do have emails that I've been sending to this person showing each new amount at the time I recieved a check, although because this person has kvetched so much I stopped sending those emails about 6 months ago. But I should have access to the cancelled checks from my bank.
So the question is, Are the emails sufficient to prove that this person owes me the money?

Thank you...What is the name of your state (only U.S. law)?

 

[Zigner]

I'm in California and have a small claims question. I have been collecting $50 a month, for more than a year, from someone who owes me about the maximum you can sue for in small claims court here, about $7500. This person has stopped paying me, since November. I have nothing in writing showing anything is owed me. I do have emails that I've been sending to this person showing each new amount at the time I recieved a check, although because this person has kvetched so much I stopped sending those emails about 6 months ago. But I should have access to the cancelled checks from my bank.
So the question is, Are the emails sufficient to prove that this person owes me the money?

Thank you...What is the name of your state (only U.S. law)?

I would think that your judgment from the court is what shows the person owes you money...

 

[Pojo]

File the claim and find out.

 

[Stuwing]

Small claims court question

Thank you but these are vague answers. "File the claim and find out," isn't the kind of expertise I was hoping to find here. I am most concerned as to whether emails can be considered seriously as evidence.

Stu

 

[racer72]

Do you already have a judgment against this person? You were very vague in your first post. If you do, enforce it. If you don't, sue the bad guy. It will be up to the judge if the emails will be accepted as evidence, some will, some won't.

 

[mediabox]

Not an expert or anything but I've watched enough people court...

Wouldn't it be the other way around. He has to prove what he has paid you up to date via receipts or bank statements/checks.

You are being kind to offer you emails. If he paid cash at some time and there was no record of it, you can almost say he never paid that amount.

 

[livinlife]

I did some research earlier on small claims court cases. If you have a judgment, sometimes it cannot be enforced. You will have to file more paperwork, pay more fees, and the defendant could claim he does not have the money or simply not pay. I believe you can present an email as evidence(that seemed to be what an attorney implied today).

 

[Gail in Georgia]

What you're finding out (unfortunately) is that winning a judgement does not guarantee you'll ever see all (or any) of this money.

Since this person has a bank account have you considered bank garnishment as an alternative to waiting around for this joker to send you what they owe?

Gail