Legal Question in Credit and Debt Law in California

Can Email be used as evidence?

This guy borrowed some things and owes me and my family $9300. He said he would pay us back and return the borrowed things but didn't. He sent me an email says ''I'll pay you back when I feel like it. That will be never. As for your stuff you wont get anything back. So stop asking. Go ahead and try to sue me. I�ll pay for legal fees if you even have a case. Which you don't. You cant prove I owe you a thing. I can say I paid for everything myself. Its your word against mine�'' Can I print out this email from him and use it in court as evidence? Is there something that needs to be done to prove the email is authentic? I don't think he is serious about paying for the legal fees but could I still hold him to what he said in the email in court and make him pay for attorney fees?


Asked on 5/28/07, 7:25 pm

3 Answers from Attorneys

Matthew Mickelson Law Offices of Matthew C. Mickelson

Re: Can Email be used as evidence?

You can use the e-mail as evidence, but you'll need more than that to prove that he owes you the money. Why does he owe it? Is there anything in writing? You may want to contact a lawyer to help you out on this.

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Answered on 5/29/07, 12:45 pm
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Can Email be used as evidence?

You should call the police and tell them your family has been the victim of theft (the borrowed things are now stolen). Show them the email. They may refuse to help you, but it is worth a shot.

Keep hard copies of the email and don't delete the email from your account.

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Answered on 5/28/07, 7:30 pm
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Can Email be used as evidence?

You can use the email as evidence. The question would be whether you want to go to small claims court where you can get $7,500 instead of $9,300 or whether you want to file a limited civil case where you can get all of the money but probably need an attorney.

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Answered on 5/28/07, 7:45 pm


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