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is facebook enough evidence for small claim court? - maxvolonte - 04-08-2014 04:46 AM
My name is Maximiliano Volonté, I am writing regarding a dispute I have with my midwife about the selling of my truck in Corona, CA, USA. In the month of last March 2013, I moved with my family to Buenos Aires, Argentina due to family problems, having left the truck to my midwife, via a letter signed by me, where I authorized her to sell it. The vehicle was still under my name in the month of April, when I have received an offer from my midwife’s cousin, with who I never had any contact, being her, the intermediary, for the sum of 11 thousand dollars, when the truck was on sale for 13.5 K. I agreed with the sale for that amount, she clarified me, my midwife, that her cousin is a very responsible, hardworking person and any inconvenience that he could not pay me; she would be fully responsible for it. Given my economic situation and the need to use the money to settle down, I give the ok to give the sale, in which she proposed to me, according to her cousin, 4 consecutive monthly payments, the first to be done on April 16 for 2500 dollars, two more payments of the same amount and a final payment of 3500 dollars in the month of July, all of them to be deposited in my bank account in USA. Due to my financial situation I confirmed the sale of the vehicle under the conditions proposed by her “cousin", relying on her word, even though I have never had any contact with her cousin. The same day, after having agreed verbally and in writing (I have everything recorded on Facebook) the selling to her "cousin" - unfortunately for reasons of trust I have no signed a manuscript of the sale- I have transferred the vehicle´s title to her cousin´s name. That same day I received a called by Skype, a gentleman from Los Angeles offering me 12 thousand dollars cash, if the truck was in the same conditions as in autotrader.com site photos, which I had published by 13.5 K so far. I thought for a moment, and I wish I had, to have canceled the sale to her cousin (for reasons of codes and commitments I did not), and assigned to sell the vehicle to the gentleman from L.A.
I have only received 6500 dollars so far and it has been 7 months since the last time I received money. This lady is not collaborating at all, she doesn´t answers my calls neither responded my emails anymore, Her cousin, I have sent him a letter asking him for the owed money, he has never replied to it, and last time I chatted with her, she erase me from Facebook. I have evry discussion, agreement on Facebook since April 2013, Is there anything I can do from 10k miles away? is facebook enough evidence to take this individuals to court? I will apreciatte any help.
- 7againstThebes - 04-08-2014 04:56 AM
Facebook posts are sufficient, as long as you can prove (reasonably) that the facebook posts came from the person you claim. Here's what you have: you have an agreement with an agent (the midwife) for the sale of your vehicle. Your agent represented that she has a buyer (cousin) at a set price ($11,000). You agreed to the sale price. That's the first contract.
Your second contract is between the midwife in her capacity as a guarantor of the first contract. With the evidence you have, you can certainly bring your claim to enforce the agreements, both the sale contract and the guarantee.