Q: Is a text message a legal binding contract?
A lady told me that she would pay $500 ($250 now and $250 on the 15th) if I subleased her place for the next 5 months. She already paid me the $250 and is now saying she wont pay me the other $250 but I have text showing where she said she would pay one half now and the other half later. Can I sue her for the remaining $250?
A:
That is probably sufficient writing to make it a binding contract. It is better than a verbal contract. In order to have a contract there must be:
1. an offer;
2. an acceptance;
3. consideration; and
4. lawful transaction
Whether it is a good idea to sue for $250 is a different question. A judgment is no guarantee that you will be paid. No attorney that I know of would take this on a contingent fee. An attorney would charge $250 an hour or more to represent you. Court costs in small claims are expensive including filing and service fees. Only sue if you are willing to expend the costs with no expectation of recovering them or the original $250. Personally, I would walk away.
A:
It should be enough to win, however be sure you can collect any judgment as Pete Louden told you earlier.
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