Q: Hi, what evidence do you need to prove a contract in small claims court? Will texts and emails be sufficient? Thx
I recently bought a condo and the seller agreed to share some repair costs with me. It was supposed to be done before we closed, which is why we don’t have anything signed but she got really sick at the end and didn’t get it taken care of fully. Only 2 things fixed vs 4 on the list. I tried to have her sign something at closing but she showed up 3hrs late and I could not wait anymore. She keeps saying she is a lady of her word and will make good on her promise but I’m tired of waiting. I have emails and texts with everything listed and agreed. And a witness who was involved the entire time. Is this enough to win a case in small claims court?
Enough? Anything's possible I guess. The fact that your evidence is mostly emails and texts doesn't dictate whether you have a winning case or not. There are ways to get those into evidence, so the trier of fact can weigh it. But keep in mind evidence is not proof.
Think if it this way, you have a couple types and sources of evidence. Those are bricks. On the other hand, proof is a wall. Do you have enough substantial bricks to build a wall, enough to show the judge that your version of the case is more likely than not true? Is your evidence more credible and reliable? Does your evidence outweigh the defendant's evidence? If so, then yeah, what you have could be enough. But no one's going to just tell you "yeah, you're going to win" without seeing and hearing all your evidence itself.
Brent T. Geers agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.