is text evidence admisssable in court.

ethan

ethan

ethan

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Somebody owes me four grand and has denied owing it me in their defence papers. However, they have forgotten about their admission in owing me the amount some seven months earlier, by way of text. I was just wondering whether or not this would be admissable in court?
 
It can be used to convict you for phone use whilst driving, so I imagine it can be used as evidence!
 
Check out the digital communications act it might apply here.it was ether last year or the year before it came in
 
Yes it is.... I did jury duty in jan and phone txt evidence was used. Speak to your legal council.
 
Moses said:
The fact you're asking would indicate to me you haven't sought professional legal advice. I'd seriously consider it, if I was you, given it's involving a fairly hefty chunk of money...
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I have only recently discovered these texts and so have not had time to consult with anybody yet.
 
Diagro said:
Back them up asap
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They're already backed up remotely...at GCHQ :)

On a serious note, the OP needs expert legal advice to get a proper answer.

For example...is the text on their phone by itself evidence that is admissable and carries legal weight, or is it also necessary to have records from the phone companies showing that the text was sent and received and showing the phones involved? I've no idea, but it sounds like it might be a relevant point.
 
How does someone owe you 4k? Most of your posts here complain about being out of work/work program etc

Either way, you can't prove they sent the text, and they can't prove they didn't.....so it'll be excluded.
 
Yes. Make a hearsay application if criminal. If civil evidence rules are very relaxed in county courts so you'll be able to use them.
Make copies for everyone involved (Claimant, Defendant and Judge at least) and notify all parties ASAP you intend to rely upon them.
When were proceedings commenced and when if trial?
Your only difficulty at trial could be the amount of time you've had this information and not served it.
 
Voltar said:
Yes. Make a hearsay application if criminal. If civil evidence rules are very relaxed in county courts so you'll be able to use them.
Make copies for everyone involved (Claimant, Defendant and Judge at least) and notify all parties ASAP you intend to rely upon them.
When were proceedings commenced and when if trial?
Your only difficulty at trial could be the amount of time you've had this information and not served it.
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Yes it will be a civil matter. We discovered that a certain individual owed us money and contacted him about it some seven months ago. On initial discovery of the debt the individual in question made it known to us/me that he was very shocked by it all and asked by way of text whether he could pay the outstanding amount at £200 a month. We agreed. Suffice it to say he reneged on the arrangement, and a month ago I set in motion the action to take him to a small claims court. In his defence he has denied any knowledge of the debt forgetting about the conversation (by way of text) that he had with us. I believe the message details of his conversation will give us the date, time and phone number from which it was sent as well. As it stands at the moment, he thinks he will be able to enter in to court and win by lying :D
 
'Harry said:
How does someone owe you 4k? Most of your posts here complain about being out of work/work program etc

Either way, you can't prove they sent the text, and they can't prove they didn't.....so it'll be excluded.
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I can show we never received the payments from him his bank also.
 
was it his phone though and registered to him.

if not in his name hell deny it you have no proof its him. i wouldn't get to optimistic just yet all he has to do if he loses is just say he cant pay it and what he can pay hides money and works it so he can only afford to give you 1 pound a week. you in for a bumpy ride.
 
That's a good point about the phone number ownership, I hadn't thought of that. Be good if you could independently verify the number.

He has to provide contact details to the court, hopefully that will be one of them! :D

Good luck.
 
~>Dg<~ said:
was it his phone though and registered to him.

if not in his name hell deny it you have no proof its him. I wouldn't get to optimistic just yet all he has to do if he loses is just say he cant pay it and what he can pay hides money and works it so he can only afford to give you 1 pound a week. you in for a bumpy ride.
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We believe so. He has been a client of ours for three years and unfortunately still is. We can show difficulties with him started march 2012. Current monies received from him are handled directly and taken from him and paid to us by social services. The money he owes us he received from the government and misappropriated elsewhere (for which he has been reported). I was hoping that since he previously entered in to an arrangement to pay us £200 a month a judge might be willing to order that he pay the same or a similar amount? Regardless of any of this it will be worth it watching him squirm in front of a judge trying to explain on the one hand how it is he knows nothing of the debt, and on the other how it is money he was given by the government to pay us, has not been received? We will then dump him and then waste no time on him as a client for fraud.
 
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