Legal Question in Civil Litigation in California

half cash or full cash?

I keep reading advice from other postings saying that emails are worthless in small claims court. I've gotten advice saying that they are admissible as evidence. Are they or aren't they? I want to sue my ex for the money she owes me and I'm afraid that I won't get all the money back. I only have three check stubs with her full name on it(equaling to about $300) and the rest are bank statements that I know I paid for restaurants or taken out money from the atm. Is it more than likely that I will get all my money back or just the $300? And also what happens to her if she doesn't show on the court date? Do I have to go through the whole process over again? Any help is appreciated. Thanks.


Asked on 2/17/05, 12:47 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: half cash or full cash?

Whether a document is admissible does not depend very much upon what *type* of document it is. Instead, its admissibility depends upon what it says and what it is being offered to prove.

There is no difference between an email and a physical letter as far as admissibility goes, but it makes no sense to say that letters either are or are not admissible. Some will be and some won't be, depending upon what they are offered to prove. Also, a letter which is inadmissible to prove one thing may be admissible to prove something else, even in the same case. The same is true of emails.

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Answered on 2/17/05, 3:20 pm


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