Is a receipt and a saved text conversation enough to win a civil case for debt collection?
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Is a receipt and a saved text conversation enough to win a civil case for debt collection?
A friend of mine was pulled over and taken to the police station for a warrant for a ticket she had; I was with her. I paid a cash bond for her that night so she didn’t have to go to jail. We were in agreement that she would pay me the $250 I used to pay her bond. She is refusing to pay me back. I have attained a receipt of the transaction and a saved text conversation of her saying she would pay me back. However her name is not anywhere on the receipt and I was wondering if that was necessary to prove that I did, in fact, pay her bond.
Asked on April 5, 2011 under Bankruptcy Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
An oral or verbal agreement, including an oral or verbal loan, is enforceable. The issue, as you seem to aware, is proving the terms of the agreement, if the two parties disagree and testify as to different recollections or understanding. Certainly have a text message from her is very helpful; having the receipt helps establish that the money was actually paid; apart from that, you'll have your own testimony. As the end of the case (if you sue her in small claims court; and it would not be worthwhile retaining an attorney or filing in a different court), it will come down to whether your testimony, the message, and the receipt are more persuasive than whatever testimony or evidence your friend has; from what you write, you seem to have a solid case you can make.
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