Texts as Evidence

[Pollux]

Florida

I plan to go to small claims court over missing rent money. I'm planning on using text message records for my case. Can the defendant deny sending the text messages? Would having them saved on my phone as well help?

I'm concerned because this individual, back in October, acknowledged they owed a bill, and several times even claimed to have paid the bill, but now claim that the bill simply isn't theirs to pay. Other than several months of text messages, I don't have a written agreement for them to pay the bill. Would the text messages be enough?

Thank you in advance.

 

[BL]

Either this individual owes the "alleged" bill , or the individual does not.

Your question is generalized and without the contents to give advice on.

One can say , I'll pay you then change their minds.

Prove to a court this person owes you money.

 

[quincy]

Florida

I plan to go to small claims court over missing rent money. I'm planning on using text message records for my case. Can the defendant deny sending the text messages? Would having them saved on my phone as well help?

I'm concerned because this individual, back in October, acknowledged they owed a bill, and several times even claimed to have paid the bill, but now claim that the bill simply isn't theirs to pay. Other than several months of text messages, I don't have a written agreement for them to pay the bill. Would the text messages be enough?

Thank you in advance.

The defendant can deny sending the text messages to you, yes.

Your task will be to show to the court not only the relevance of the text messages but also their authenticity (that the messages have not been faked). If the court finds that the texts are what they appear to be and from the individual you are suing, the texts could potentially be used to show that an agreement existed between you and the individual, whereby the individual agreed to pay the bill.

In the future, I recommend you get all agreements in writing, dated and signed.

Good luck.

 

[Pollux]

Thank you for the responses,

I have taken screen shots on my Google account of the SMS texts that he and I have sent. I also plan on having my boyfriend, whom I live with, act as a witness, as he was present during all of the agreements the individual and I made. I may also use my landlord as a witness, as she knew of our agreement changes as well.

 

[Just Blue]

https://forum.freeadvice.com/small-claims-courts-24/condo-florida-611191.html

 

[quincy]

Thank you for the responses,

I have taken screen shots on my Google account of the SMS texts that he and I have sent. I also plan on having my boyfriend, whom I live with, act as a witness, as he was present during all of the agreements the individual and I made. I may also use my landlord as a witness, as she knew of our agreement changes as well.

Your boyfriend may not make for a good witness, as he has a vested interest in the outcome, but the landlord's testimony can help you support the agreement and, therefore, the authenticity of the text messages.

Although most judges today understand technology better than they did in years past, and will accept texts based on circumstantial evidence, it is sometimes necessary in some cases to have an expert attest to a text's authenticity. I doubt if this will be required for your small claims action, though.

That said, a winning action could still come down to your word against his, and the judge could base his decision entirely on whose story comes off as sounding more believable.

Good luck.

 

[Daley]

I have seen a lot of text-messages used in trials. Also, bring in bank statements so you can show the court they did not pay you on that date.


You might be able to get your phone company to mail you or text messages (federally sealed document) and open them up in court to prove their authenticity, but that could be a lot of work for you.

 

[justalayman]

Daley;3311460]I have seen a lot of text-messages used in trials. Also, bring in bank statements so you can show the court they did not pay you on that date.

how does the OP showing their bank statement they were not paid, especially on any give date? Is there some legal requirement to deposit money paid to oneself?

You might be able to get your phone company to mail you or text messages (federally sealed document) and open them up in court to prove their authenticity, but that could be a lot of work for you.

sorry but that is about the biggest load of hooey yet from you. a federally sealed document? seriously? Do you just make up this stuff as you go along or do you actually believe it is true?

 

[Just Blue]

how does the OP showing their bank statement they were not paid, especially on any give date? Is there some legal requirement to deposit money paid to oneself?


sorry but that is about the biggest load of hooey yet from you. a federally sealed document? seriously? Do you just make up this stuff as you go along or do you actually believe it is true?

Oh come on JAL!! Just last week the fed's sealed my phone logs!!

 

[justalayman]

Oh come on JAL!! Just last week the fed's sealed my phone logs!!

I think that means something else.

 

[Just Blue]

I think that means something else.

It might...perhaps...