Are text messages considered legal proof of liability in a circumstance where someone owes money?

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Are text messages considered legal proof of liability in a circumstance where someone owes money?

If I present the figure owed to the debtor, they do not dispute the amount, and they go on to say they can’t and won’t pay me, is that proof enough of the amount owed to take the individual to small claims court? I have proof of liability, but not explicit proof of damages. Is it worth my time to sue?

Asked on November 15, 2011 under Bankruptcy Law, North Dakota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Good question. From an evidentiary perspective you assume that the person who responds to your text message is actually the person who owes you money and the text message is an admission of such. The problem is that you have to prove that the person responding to your text message is actually the person who owes you money. If you go to court and the person who you sued admits that he or she sent that text message you are writing about, then you have proven a majority of your claim.

From what you have written, you might want to look into filing a claim for money owed in small claims court against the person you are writing about.


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