What type of proof is need to file and winin small claims court?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What type of proof is need to file and winin small claims court?

My ex owes me money. I live in FL; he in LA. It was all cash but I have a picture of a reimbursement check (he took and sent via cell phone message to me) that he never mailed to me. It was written out as $5,000. Can that not be considered an admission of guilt? Will it hold in small claims? Also, if I tell him that if he has not paid me back by the end of the year that I am going to file in small claims court, can that be considered harassment?

Asked on November 9, 2010 under Bankruptcy Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The standard of proof in a civil case is a preponderance of the evidence, which means more likely than not.  This is a lesser standard of proof than a criminal case which requires proof beyond a reasonable doubt.

The photo of the check may establish  by a preponderance of the evidence that it is more likely than not that that is the amount owed by your ex; however, it is impossible to predict the outcome of the case because the weight given to such evidence depends on what opposing evidence your ex may present.  The weight given to your evidence also depends on the discretion of the judge in your Small Claims case..

No, it is not harassment to threaten to file a lawsuit if a debt is not paid by a certain time.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption