West Bloomfield, MI asked in Contracts, Real Estate Law and Small Claims for Michigan

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?

1 Lawyer Answer
Trent Harris
Trent Harris
  • Jackson, MI
  • Licensed in Michigan

A: 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

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