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YoKoolAid's avatar

Text messages valid evidence in court?

Asked by YoKoolAid (2424 points ) August 30th, 2009

This person owes me money, and I have text from them saying, “I agree to pay ‘x’ dollars on ‘x’ date” On those court tv shows transcripts of text messages are given and are upheld by the judge. I know a written statement would be optimal but this is all I have and this person seems to be dodging me now. So if I take them to court is this text message valid evidence?

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10 Answers

rebbel's avatar

I think that that would be not the case.
It can possibly be proven that the cellphone is his/hers, that the textmessage has been sent from that phone, but not that he/she is the one that wrote and/or send the message to you.

dpworkin's avatar

Source A ruling in a murder case allowing text messages to be produced in discovery.

This is in a criminal case, not a civil case. In civil court, generally the standard is the preponderance of the evidence rather than beyond all reasonable doubt, which would lead one to think that you could use those messages as evidence.

The_Compassionate_Heretic's avatar

How much money are we talking about?

MrItty's avatar

Probably depends on how good your lawyer is (or how bad the opposing counsel is)

chyna's avatar

Judge Judy allows text messages. Not that I watch her.

dpworkin's avatar

Yes @chyna Judge Judy does allow them. Not that I watch her.

MrItty's avatar

…. and not that anything that happens on that TV program has any baring to a real legal proceeding…

YARNLADY's avatar

I depends entirely on the Judge. There is not enough precident to have it set in concrete. In many cases, if the reported sender lies and says he/she did not send it, the judge will probably not allow it, unless you can prove he/she did.

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