Recover personal debt

[Jennieg73]

What is the name of your state (only U.S. law)? Wi
Are text messages admissible in court as evidence?

 

[quincy]

What is the name of your state (only U.S. law)? Wi
Are text messages admissible in court as evidence?

They can be.

Is this about the return of the bail money? https://forum.freeadvice.com/small-claims-courts-24/do-i-have-case-wisc-637267.html

If so, please from now on keep all new related questions to a single thread. It helps us help you. Thanks.

 

[Jennieg73]

Yes it is concerning the previous post, sorry about that. . I'm just trying to decide if i need to file a claim with the courts.

 

[quincy]

Yes it is concerning the previous post, sorry about that. . I'm just trying to decide if i need to file a claim with the courts.

Did you pay a bail bondsman or did you pay the court directly?

You should get some if not all of the money you put up as bail back if your boyfriend shows up in court when he needs to and the charges against him are dismissed. Or he is acquitted. You must wait until the case ends to recover the bail money.

You can also sue your boyfriend to recover the money you "loaned" him if you have evidence enough to show there was an agreement between you and your boyfriend that he would pay you back. The receipt you received for the bail money helps to establish the amount your boyfriend borrowed and - here is where your texts might come into play - anything in writing that shows a loan agreement helps establish the money was not a gift.

The problem with suing someone who did not have money for bail is that it might be hard to collect money from him even if you were to get a judgment. And of course if he admits guilt or is found guilty of the crime for which he was charged, and he is jailed, a suit is trickier.

You should only loan money to someone if you can afford to lose it. It is nice to trust that people will honor their agreements to pay but it can be healthier not to expect this.

Good luck.

 

[Jennieg73]

Definitely any links would be helpful!
I did pay the courthouse directly & i have the bail paperwork in my possession. . I did not know if this was enough proof to go into court? But i do definitely have massive amounts of texts too... i wonder if doing screenshots of texts would be viable.
I do know after the verdict that i can docket & send it to a collections agency or try to recover $ thru his checking account..if i win.
That's what i hope the outcome would be.

 

[quincy]

What is the amount your boyfriend owes?

 

[Jennieg73]

Just under $7500. It's on my credit card & i have the receipts from the county jail when i paid it.

 

[quincy]

Just under $7500. It's on my credit card & i have the receipts from the county jail when i paid it.

Thank you for answering my question. Small claims courts in Wisconsin have a $10,000 limit so you will be able to use small claims if you choose to sue your boyfriend.

Here is a link to "Admissibility of Writings (Emails, Text Messages, etc.)" published by the University of North Carolina School of Government, Indigent Defense Services:

http://www.ncids.org/Defender Training/2011SpringConference/AdmissibiltyWritings.pdf

Good luck.

 

[HRZ]

You need to prove it was a loan AND per the agreement it is now due....go sue him if

 

[quincy]

You need to prove it was a loan AND per the agreement it is now due....go sue him if

In a small claims court, Jennieg73 just needs to be more believable than her boyfriend. Evidence of a loan - an oral or written agreement that the boyfriend will pay her back - will help her support her claim. Text messages and emails can work to show agreement.

The link I provided was provided because - although centered on criminal law and North Carolina as opposed to civil and Wisconsin - it is fairly easy to read and understand and the ways to introduce electronic evidence is the same (although small claims courts are far less formal when it comes to accepting texts and emails).

 

[Jennieg73]

Thanks ! I think i can be more believable. .the bail was for overdue child support & i do not even know the ex-wife or children involved.

 

[quincy]

Thanks ! I think i can be more believable. .the bail was for overdue child support & i do not even know the ex-wife or children involved.

You are unlikely to be paid back the money you loaned if your boyfriend cannot even pay what is owed in child support ... but good luck.

 

[Jennieg73]

My goodness. . There's no need to fight here. . I'm just trying to get the basics so i can move forward with my case. . I've never been to court or been involved in any type of case - so this is a bit scarey to me.

 

[quincy]

My goodness. . There's no need to fight here. . I'm just trying to get the basics so i can move forward with my case. . I've never been to court or been involved in any type of case - so this is a bit scarey to me.

I'm sorry for the detour your thread took, Jennieg73. Latigo does not play well with others.

Were you able to understand the information in the link? Your goal will be to show that the texts and emails were written and sent by your boyfriend. For the purposes of a small claims suit, the court can find email headers with the identifying names and the text phone numbers are enough. Text chains and email exchanges are helpful in showing similarities in expression. A printout of stored data can be acceptable as can the cell phone display itself.

If you can get your boyfriend to admit sending the emails and texts, of course, that would be best.

The worst that will happen is that the judge does not accept the text and email exchanges as evidence. It then becomes a he-said/she-said on the terms of your oral loan agreement.

Good luck.

 

[Jennieg73]

Yes i underhand the process, I'm going to give it my best shot. . Thank you!