Would I stand a chance in small claims court of collecting money promised to me inemails/texts?

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Would I stand a chance in small claims court of collecting money promised to me inemails/texts?

My boyfriend and I shared a lease on an apartment and split up. I have 3 emails and multiple text messages with him stating that he would pay my deposit on my new apartment, moving expenses and $600 over a 3 month period to aid in me getting back on my feet. We had arguments as most breakup couple do and he decided not to help me out because he didn’t like what I had to say. He would change his mind on an hourly or daily basis on whether or not he was going to help me. Would I stand a chance in small claims? The amount is approximately $1300.

Asked on August 16, 2011 Indiana

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can certainly try as small claims leaves you the option to do so for little or no money, but I do not think that your chances are good.  That type of proof is highly suspect a you can not say for certain who used the phone to text or who used the computer to write the e-mails.  What worries me more here is the lease that you signed.  It is a binding contract and if you were not let out of the lease by the landlord then you are still liable for payments under it.  That means that if your ex defaults on the rent, etc., the landlord can come after you.  Take care to break ALL ties with him.  At this point you are still legally connected.  Good luck.


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