What are my chances of getting my money back through the small claims court

[gamaliel318]

I was wondering if someone can please help me out with some advice. A couple of weeks ago the transmission on my car gave out and I called triple A for a tow and the man who picked me up offered to help me out in getting a new car. I agreed and gave him $ 3,100.00 dollars in cash in return he gave me a receipt indicating that he got the money to purchase a truck. He gave me a date when I was going to receive the truck. The date passed and I didn't receive anything I call him but he keeps coming up with excuses after excuses its pretty clear that he wants to keep my money.

The only evidence I have is the receipt which contains his signature, amount of money that I paid for truck, his address of residence and phone number. I also have my cell phone logs indicating that I communicated with him and I also have Text messages saved that where sent by him to my phone. Another thing I did was record phone conversations but I know in the state of California it is not allowed. Do you think with this evidence I would have a good chance of getting my money back in a small claims court?

P.S Can text messages be used as evidence in court if so what is the proper way to demonstrate the in court?

 

[seniorjudge]

Q: What are my chances of getting my money back through the small claims court?

A: If the defendant has money, there is about a 50-50 chance, more or less. If the defendant has no money, the chances are zero.



Q: Can text messages be used as evidence in court if so what is the proper way to demonstrate the in court?

A: Since these are so easily faked, they usually make lousy evidence.

 

[Theresagail]

Sue him in small claims court-- you have a document that he signed stating he was to provide you with a truck--- just tell the judge your case and what evidence you have -- it will be up to the judge if he wants to see the text msg's and the recordings