Are text messages proof in small claims court?
A lot of the proof I have that my ex owes me money and refuses to pay is through text messages. It can obviously be proved that they are in fact from his phone, because the number is his, but can they be used as proof or could he say that someone else was texting from his phone?
Also, I know you can't use audio conversations as proof without first advising the person that they're being recorded, but it goes without saying that texts will be kept, so would I have to have told him I would be keeping them? Or can I legally use them? Thanks in advance to any replies.
Witnesses in small claims
My ex landlord does not want to come to court as a witness because he lives in calgary (I'm in Edmonton), and also he is just glad to be rid of my ex as a tenant and wants nothig more to do with him, but he does want to help me. I'm wondering if I could instead just get him to fax me the things I need like the lease agreement (because I was never a legal tenant), the damage report, and a letter stating that he only charged my ex for half the month of June, and only took $300 for damages. Is this sufficient evidence or does he have to come in as a witness?
Sueing for cost of collection
I am quite sure that if I do sue my ex for money he owes me, and I get a judgement, I will not be able to collect it. I found his lease when I was cleaning one day, and saw that his parents were paying his half of the rent, he gave me a cheque once which bounced so I don't think he has any money in his account, and he has no legal job, so I can't garnish his wages. My mom said she had a similar problem once and had a collector go after the guy and had her money in a couple days, so I think I will try this. But can I sue him for the cost of the collector as well as what he already owes me? Is this proof enough that I'll have to get a colllector? Thanks.