QUESTION

My ex owes me money, I emailed him with the amount and he replied to the email, will that hold up in court as a contract?

Asked on Oct 17th, 2012 on Personal Injury - Oregon
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16 ANSWERS

Personal Injury โ€” Plaintiff Attorney serving Taylor, MI at Downriver Injury & Auto Law
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It is not a contract, but it is an admission against his interest.
Answered on Nov 20th, 2012 at 2:52 AM

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Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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Assuming that you and your "ex" entered an agreement when you loaned him the money then you do have a "contract" with him. Not all contracts need to be written; oral contracts for most things are valid. One of the benefits of a written contract is that the terms of the agreement are all written. In an oral contact if the parties disagree as to the terms then it becomes a question of one person's word against another. Without seeing the emails between you and your ex I cannot comment on whether they would constitute a written contract. However, even if they do constitute a written contract they may help clarify the terms of the loan between you and your ex. You would need to be, if he objects to the admission of the emails into evidence, prove that the email came from him as an email, unlike a signed document, would be easier to fake. You might want to consult with an attorney to discuss your rights and options. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Nov 01st, 2012 at 4:53 AM

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Personal Injury Attorney serving Pacific, MO at Melvin G. Franke
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Not unless he admitted it.
Answered on Oct 23rd, 2012 at 3:29 PM

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Chapter 7 Bankruptcy Attorney serving Syracuse, NY at Andrew T. Velonis, P.C.
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Why does he owe you money? Was this in the divorce decree? If so, then you don't need a contract. In his reply e-mail, did he admit that he owed it to you? If so, that's an admission, not a contract, but it can hold up.
Answered on Oct 19th, 2012 at 6:29 PM

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Criminal Defense Attorney serving Anderson, SC at The David F. Stoddard Law Firm
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It depends on what reply says, and whether you can authenticate in court the reply as being from him. One way to do this is to call him as a witness, show him the email and ask him if he sent it. If he says "yes", you have authenticated it.
Answered on Oct 19th, 2012 at 6:05 PM

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Business Law Attorney serving Bingham Farms, MI at James T. Weiner, P.C.
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No but it should hold up as an admission that he owes you the money to support the allegation that he owes you the money.
Answered on Oct 19th, 2012 at 3:54 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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It is possible, but I cannot express an opinion without details.
Answered on Oct 19th, 2012 at 1:00 PM

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Employment Law Attorney serving Beverly Hills, CA at Dordick Law Corporation
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I cannot tell if this is regarding unpaid support or simply a loan. The email is probably not a contract, but can be used as a party admission for you to prove he owes the debt.
Answered on Oct 19th, 2012 at 12:38 PM

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Civil Litigation Attorney serving Federal Way, WA at Stasch Law LLC
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If he affirmed that he owed the money in his email, you could sue, but there might be questions concerning how he was supposed to pay it back.
Answered on Oct 19th, 2012 at 12:35 PM

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This is not a real estate question. That being said, acknowledging debt owed does not create a "contract." Whatever caused the debt to be incurred in the first place is (presumably) the "contract." It depends on what it's for, though. If your ex owes you money for rent, utilities, etc., you can seek repayment through the courts. If it's for drugs, gambling or anything illegal, then you don't have any recourse.
Answered on Oct 18th, 2012 at 9:10 PM

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Verbal agreements are enforceable. The email can substantiate that a contract existed.
Answered on Oct 18th, 2012 at 9:02 PM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Any agreement can " hold up in court" if the judge believes it. an email will likely be very helpful to prove the point. Such an agreement does not have to be in writing.
Answered on Oct 18th, 2012 at 8:58 PM

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Plaintiff Animal Bites Attorney serving Missoula, MT at Bulman Law Associates PLLC
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It is not a contract but would be evidence of him acknowledging the debt.
Answered on Oct 18th, 2012 at 8:26 PM

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Construction Litigation Attorney serving Mission Viejo, CA at Law Office of Christian F. Paul
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The exact wording of the emails will make a difference, of course, but generally if someone confirms in writing that he or she owes someone else a debt, that is good evidence of what is owed. It may or may not "hold up as a contract," but it could hold up as evidence of the agreement. Good luck.
Answered on Oct 18th, 2012 at 8:16 PM

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Steven D. Dunnings
Not necessarily.
Answered on Oct 18th, 2012 at 8:04 PM

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Kevin Elliott Parks
No, just because you emailed him indicating an amount he owed you and he then replied to the email, that does not create a binding or enforceable contract in and of itself. Depending on how and why he owes you money, though, there likely already is (or was) a contract in place (likely verbal) that he may be in breach of.
Answered on Oct 18th, 2012 at 7:10 PM

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