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Text Messages as Evidence

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Cameronb

Junior Member
Texas

I work in retail and became friends with one of the stores loyal customers. We will call this friend by the name of Josh. Josh was in the automotive painting business. I had Josh paint several interior car pieces for me. I paid him up front, he was always loyal, honest, and had a very quick turn around time. I had him do jobs for me on 3 different occasions. The third time, I let him know that I was going to order a center console and have him paint it for me. About a month passed and I finally got around to ordering the console, but I lost his number. I found the Josh on an Internet forum and had him call me. We got back in contact with each other through text message and he told me that he had quit his job at the shop. He told me his friend had the tools needed in order to paint my console. Through text we agreed on a price ($250) to have the work done and he told me it would take twelve days. We agreed on a time to meet up (4:00) and he text messaged me when he arrived at the location. We exchanged the parts and money. I texted Josh a week later to get an update on the parts. It had been a wet month and it was very humid outside. He told me that the parts have only been sanded down, but not painted because of how humid it was. Thats fine, I was in no rush. A few weeks pass and I texted him for an update, but received no reply. I found out (through an online forum) that he wrecked his car. The following weekend I receive a text message saying, "say man I thought I'd tell you josh got in a wreck last week and totaled his car" I replied with, "I hope you are ok", he said "I wasn't with him. He scrapped his car and moved to Louisiana. I just got his phone charged and seen you sent 3 messages". This all sounded kind of fishy to me, so I did some research. I found some postings that he made on Craigslist and replied to them, he made it clear where he lived and what his phone number was, he did not know this was me asking the questions though.He has lied to me in order to try and scam me out of my parts and money. He has sent me numerous messages about how, "this is not Josh" and he was starting to get aggressive.

So my question is, what can I do about this? Is this something I can take to the small claims court? I have nothing on pen and paper, however, I do have text messages. All in all, the parts + the $250 that I gave him, adds up to over $800.

Thanks in advance for any help!
Cameron
 
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Zigner

Senior Member, Non-Attorney
Sue the bad guy in small claims court.


Texas

I work in retail and became friends with one of the stores loyal customers. We will call this friend by the name of Josh. Josh was in the automotive painting business. I had Josh paint several interior car pieces for me. I paid him up front, he was always loyal, honest, and had a very quick turn around time. I had him do jobs for me on 3 different occasions. The third time, I let him know that I was going to order a center console and have him paint it for me. About a month passed and I finally got around to ordering the console, but I lost his number. I found the Josh on an Internet forum and had him call me. We got back in contact with each other through text message and he told me that he had quit his job at the shop. He told me his friend had the tools needed in order to paint my console. Through text we agreed on a price ($250) to have the work done and he told me it would take twelve days. We agreed on a time to meet up (4:00) and he text messaged me when he arrived at the location. We exchanged the parts and money. I texted Josh a week later to get an update on the parts. It had been a wet month and it was very humid outside. He told me that the parts have only been sanded down, but not painted because of how humid it was. Thats fine, I was in no rush. A few weeks pass and I texted him for an update, but received no reply. I found out (through an online forum) that he wrecked his car. The following weekend I receive a text message saying, "say man I thought I'd tell you josh got in a wreck last week and totaled his car" I replied with, "I hope you are ok", he said "I wasn't with him. He scrapped his car and moved to Louisiana. I just got his phone charged and seen you sent 3 messages". This all sounded kind of fishy to me, so I did some research. I found some postings that he made on Craigslist and replied to them, he made it clear where he lived and what his phone number was, he did not know this was me asking the questions though. I begun to get upset, knowing that he has lied to me in order to scam me out of my parts and money. He has sent me numerous messages about how this is not Josh and was starting to get aggressive.

So my question is, what can I do about this? Is this something I can take to the small claims court? I have nothing on pen and paper, however, I do have text messages. All in all, the parts + the $250 that I gave him, adds up to over $800.

Thanks in advance for any help!
Cameron
 

Cameronb

Junior Member
Thanks for your reply Zigner,

Text messages appear to be enough evidence? Are screen shots of the messages, printed on paper, enough? or should I go through AT&T to get the messages?
 
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Zigner

Senior Member, Non-Attorney
Thanks for your reply Zigner,

Text messages appear to be enough evidence? Are screen shots of the messages, printed on paper, enough? or should I go through AT&T to get the messages? I have never had to deal with this before.
In "real" court, text messages wouldn't be enough at all...but, hey, it IS small claims court.
 

tranquility

Senior Member
It's real, but, not really. They don't worry as much about the rules of evidence and such. (I wouldn't rely on a casual judge and would get the texts from ATT. But recognize discovery is limited in small claims.)
 
You may be able to ask the court if you can file a request to admit. Then type up the messages in the request -- if the other party admits the text messages then problem solved. If they don't then you talk to the court via motion to compel if you cannot work it out with the other party.
 

John_DFW

Member
It's real, but, not really. They don't worry as much about the rules of evidence and such. (I wouldn't rely on a casual judge and would get the texts from ATT. But recognize discovery is limited in small claims.)
It can be as real and formal as the judge wants it, and since attorney representation is allowed in small claims in TX, might have to conform to the standards strictly if the defense pushes.

I would obtain the phone records showing the number the texts directly from the provider and make the motion to enter them as evidence.

There may be problems having this person served, based on their behavior.
 

Cameronb

Junior Member
Yes, what I dont want is for things to backfire on me. I dont want him to (for some reason) get an attorney and win this dispute. I have printed out the phone records, however, I was not able to obtain the actual text message from AT&T. I do have the screen shots of the messages with the timestamp from the text, which can be paired up with who I sent messages and received messages from according to what I got from AT&T. Who knows, tomorrow when he hears that I am going to sue him, things may fall into place nicely and I may receive my things back.

If you read the messages, its clear who is the good guy and who is the bad guy... This is the only evidence I have though.

These are the text messages that we exchanged
Josh Miller - Imgur

Here is what I got from AT&T, for some reason, the billing cycle starts on feb. 9th? I will get the previous ones tomorrow.
Photo Album - Imgur

Here is how I found out that Josh did not really move and is still living here. I had a friend text him at the number I have for him and Josh was open for him to come look at the car. I do not have those text messages on my computer at this time, but I can do so if needed.
I do realize that this is not the best way of verifying it is him
Photo Album - Imgur
 
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see how to get a request to admit .. he is under obligation to admit to items he knows to be factual.

Otherwise getting them admissible will solely be based on your testimony & you cannot testify that he actual typed them, can you? Really, you cannot.
 

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