Legal Question in Civil Litigation in California
Are my emails binding?
I have emails from my ex-boyfriend stating that he would pay me back the money he borrowed from me. I sent one last email asking for the money by a due date. He is refusing to pay claiming that ''we are square.'' Are my emails binding in court? My only evidence are bank statements and a few check stubs. Will these be upholdable? Any help is much appreciated. Thank you.
3 Answers from Attorneys
Re: Are my emails binding?
Depends, but generally they are admissable. What did you lend the money for? How much did you lend? What are the terms of the loan? You may contact me.
Re: Are my emails binding?
The emails from him are admissions and are admissable in evidence, so long as you authenticate them. They may also be used as evidence of the agreement, depending on what the emails say.
Re: Are my emails binding?
To authenticate an e-mail, you must tell a finder of fact (judge) that you received the e-mail on such-and-such a date, that the address shown in the TO: line is your own e-mail address, that you then printed it out (or printed it out later from a file maintained on your personal computer to which no one else has access), and that this is a true and correct printout. Yes, it is an admission and he probably won't be able to weasel out of it. Collecting once you win, though, might be a different problem unless you know where he works or where he maintains his bank account.
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