Can emails be used as evidence in small claims court that you paid someone a debt?

Question

I am just curious if you can use email correspondence between you and another person to prove that you paid a debt. Does it vary by judge and by state?

Are you guys sure? How can you prove emails are authentic? I can change the content and print it out and the judge wouldn't know the difference.

Answer 1

no, you show me an email with a confirmation # and i will pick up a phone and call the bank and ask them to fax a copy of the check front and back. bullshit just doesn't happen in my courtroom!!!!! MP.......................

Answer 2

I'm sure that the rules of evidence vary from state to state....BUT.....print them out and bring them to court and let the judge decide.

The rules of evidence are usually applied very loosely in Small Claims Court.


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PS.....To answer your "Additional Details"...no I'm NOT sure. That's why I said to print the e-mails out and take them with you and let the judge decide. YES, it's possible that you can change or forge them...and the judge is aware of this...but in most states you'll be under oath...and the penalty for perjury can be quite severe in some jurisdictions.
I don't see how anyone can say yes to your Q without even knowing what state you're in. Thats why I said that the rules of evidence are different from state to state.

GOOD LUCK!


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Answer 3

Here's what I found:

A frequently asked question is "Can e-mails can be used as evidence in court, specifically in the Family Court system?" The short answer is "yes they can". In fact, e-mails were used extensively by the Justice Department in its antitrust case against Microsoft. Although the Microsoft case was not heard in Family Court, the principles are the same.

Much of the evidence that the Justice Department presented to the Court of Microsoft's anticompetitive activities was based on intra-company e-mails that officials within the company sent to each other. One key point is that the Microsoft emails could be easily shown to be authentic, that is, they were not forged or manufactured specifically in an attempt to minimize Microsoft's liability.

http://www.deltabravo.net/custody/email.php

Email content is treated in the same way as verbal and written expressions and statements and is admissible in a court of law. It is a common misconception that email messages carry less weight than letters on headed notepaper.

The problems are only likely to arise if your opponent disputes the authenticity of what you produce. The same applies to traditional letters – i.e. it is only when their authenticity is questioned that proof becomes a problem.
http://www.out-law.com/page-5537

Although the latter is based on UK court.

Answer 4

I would try it
but I would guess that they would need some sort of proof that the emails are authentic, It cant hurt to try.
Your hard drive might have the proof on it too.
If you decide to ask an attorney, ask a younger one. SOme of the near dead ones still dont use the internet that much and are not up on things associated with same.

Answer 5

Emails are considered a type of mail, so can be used. In many courts if you print out the entire IM conversation showing both sides, it can be used too!

Answer 6

I wouldn't see why not. It's best to have copies of the ones you sent and the ones you received from the person you are going to court with. Evidence is always good.

Answer 7

E-mails are now accepted as legal documentation,and can be used in court just as if you took it from the mail-box in front of your house or post office

Answer 8

Yes emails are permissible evidence.

Answer 9

Yes, but unless the other party admits they are real and not faked, which is very easy to do, they will not hold much weight at all.

Answer 10

Yes, you can.