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My x husband just informed me that he is going to sue me in Small Claims court for $500 he gave me for our daughter in 2005. At that time he never expressed to me that I had to pay him back. In 2006 and 2007 he made threats against me if I did not pay him back so I said (via email) I would pay if I could. The statute of limitatins in Oklahoma is 3 years for verbal contract and 5 for written contract. If he has copies of the emails can he use those against me in court? If so will the judge accept them as evidence and make me pay? The statute of limitations has run out for verbal but can he still sue based on written due to my emails?
State/Country of Question: Oklahoma Already Tried: I have tried to work with my x husband on a lesser amount or payments. He will not accept either. He says his only option is to take me to small claims.
If he has copies of the emails can he use those against me in court?
Response 1: Yes he can.
If so will the judge accept them as evidence and make me pay?
Response 2: The Judge may accept the e-mails as evidence but I have serious doubts that Judge would make you pay for this debt since it was for your child.
The statute of limitations has run out for verbal but can he still sue based on written due to my emails?
Response 3: Yes, he can sue you but whether he would prevail is another matter. The e-mail does not qualify as a written contract because it was not made at the time the $500.00 was given to you.
Attorney-at-Law
Licensed in Massachusetts and New York