Text Message as Evidence

[pkreger]

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

I signed for and am fully responsible for a motorcycle that I purchased in my name for someone. We didn't sign any documents to present in small claims court, but I do have many text messages from the person saying that they took full responsiblity for this loan and intend to pay it back. Unfortunately along the way they have stopped paying on the loan and now I am paying since my name is the only one on it.

Will the text messages hold up in court as evidence?

Thanks All!

 

[cyjeff]

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

I signed for and am fully responsible for a motorcycle that I purchased in my name for someone. We didn't sign any documents to present in small claims court, but I do have many text messages from the person saying that they took full responsiblity for this loan and intend to pay it back. Unfortunately along the way they have stopped paying on the loan and now I am paying since my name is the only one on it.

Will the text messages hold up in court as evidence?

Thanks All!

In whose name is the title for the motorcycle?

 

[Ohiogal]

It is POSSIBLE to use text messages as evidence.

 

[tranquility]

Probably not for two reasons. While it could be considered a writing, to remove the transaction from the statute of frauds it needs to be signed by the person it is to be enforced against. Yours is not signed.

Second, text messages can be faked. There are websites on the internet which will put any number or name as the sender of the message you want. You would need to authenticate the message came from the other person for it to be useful. (Assuming the good was sold for less than $500.)

 

[pkreger]

bike

The title is in my name so technically I fully am responsible. But, since I have multiple text messages from him stating that he was intending on paying in full for the bike I was wondering whether it is worth taking to court.
We are talking about a bike worth $7000 and the max for small claims here is $5000 but I am willing to take a hit to get rid of it.

 

[ansan12001]

We are talking about a bike worth $7000 and the max for small claims here is $5000 but I am willing to take a hit to get rid of it.

For the sake of possible problems with your case:

**************since the bike is worth over the alloted amount for small claims in this particular state, can't the defendant simply agrue that he/she is being sued in the wrong court, forcing plainiff to pursue a more complicated lawsuit? Sounds like a valid defense, does anyone know?

 

[Zigner]

The problem I see is that, even WITH a judgment, how are you going to force the defendant to pay it? You will STILL be on the hook for the payment until the loan is paid in full.

 

[seniorjudge]

It is POSSIBLE to use text messages as evidence.

It is also POSSIBLE to use scraps of paper with anonymous notes scribbled on them as evidence.

 

[seniorjudge]

For the sake of possible problems with your case:

**************since the bike is worth over the alloted amount for small claims in this particular state, can't the defendant simply agrue that he/she is being sued in the wrong court, forcing plainiff to pursue a more complicated lawsuit? Sounds like a valid defense, does anyone know?

A defense?

You think a defendant is going to say, "Hey, you're not suing me for enough!"?

If you owe me $10K and the small claims limit is $5K and I sue you for $5K, then that just means that I've given up anything in my claim that is over $5K.

 

[pkreger]

bike...cont.

I am thinking about selling the bike and trying to sue for the difference of which I am actually out. Doesn't that make more sense then suing for the max cause I would then have to return the bike to him if he pays correct?