What type of proof is need to file and winin small claims court?

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What type of proof is need to file and winin small claims court?

My ex owes me money. I live in FL; he in LA. It was all cash but I have a picture of a reimbursement check (he took and sent via cell phone message to me) that he never mailed to me. It was written out as $5,000. Can that not be considered an admission of guilt? Will it hold in small claims? Also, if I tell him that if he has not paid me back by the end of the year that I am going to file in small claims court, can that be considered harassment?

Asked on November 9, 2010 under Bankruptcy Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The standard of proof in a civil case is a preponderance of the evidence, which means more likely than not.  This is a lesser standard of proof than a criminal case which requires proof beyond a reasonable doubt.

The photo of the check may establish  by a preponderance of the evidence that it is more likely than not that that is the amount owed by your ex; however, it is impossible to predict the outcome of the case because the weight given to such evidence depends on what opposing evidence your ex may present.  The weight given to your evidence also depends on the discretion of the judge in your Small Claims case..

No, it is not harassment to threaten to file a lawsuit if a debt is not paid by a certain time.


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