Youngstown, OH asked in Contracts for Ohio

Q: Can I consider an agreement made over text message tantamount to a contract?

I loaned a friend a significant amount of money in incremental amounts over 2022. On October 20, 2023, approximately 10 months after the last amount issued, I sent her a message on the Messenger app which stated a lump sum of what she owed me and that I wanted my money back, following her failure to keep up on the payment schedule she established. She replied with "Got it. Do you have access to Zelle? I can likely set up a recurring amount to come out on my pay dates." After three payments she stopped paying without notice and ignored several instances of correspondence from me about the topic. When she finally did respond, she suddenly began disputing the amount, claiming that not all amounts issued were loans and that, in some cases, expectation of repayment was unclear. Am I correct in believing that, since she not only agreed to the amount, but also made payments, that we have established a contract and she is now bound to the lump sum stated?

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1 Lawyer Answer
Nicholas P. Weiss
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  • Cleveland Heights, OH
  • Licensed in Ohio

A: Yes. The texts back and forth would constitute an enforceable agreement.

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