Written contract for small claims

[annaq]

Hi, A ex I broke up with almost 4 years ago owes me ~5k for tuition and personal bills I paid for him while we were together.

We had no signed written agreement at the time, just a speadsheet we kept with the understanding that if things did not work out, he would pay me back for items on the spreadsheet. When we broke up there was no discussion about the money other than he would pay when he could.

I contacted him last year via email - responded he'd pay this year (2009). He didn't.

I checked Calif small claims website & it said statue for filing is 2 years after verbal agreement broken, 4 after written agreement broken.

I emailed him recently asking for repayment schedule & written agreement. Via email, he agreed to pay back the full amount, spread over 4 quarterly payments in 2010. His email lists the date and amounts he will pay.

That's ok with me but I really don't expect he'll actually do it -

My question is this: Is his email dated 7/09 a written contract I can use in small claims next year when he doesn't pay or should I try to get him to mail me something which is actually signed at this point?

He is unpleasant to deal with - so I'm hoping the email will suffice.
Thanks!

 

[Michael Wechsler]

Your email is only proof that an agreement existed. It's far better than nothing and hopefully you can authenticate the email, e.g. if it is in Yahoo or a webmail account as such, keep it there so that you can show it's real.

Here's what is better - send a written letter with all the terms and the agreement, reference the email, and send it via a certifiable method. While return receipt is best, proof of mailing or delivery is equally good enough. For $5K, I'd consider sending it overnight. He might sign and not think about it until he receives it.