Written Communications Evidence
Detailed guidance on collecting, recording, and retrieving written communications for your case.
Written Communications
Text messages, emails, letters, and other written exchanges can prove what was promised, agreed upon, or admitted by the other party. Learn how to properly collect and preserve this evidence.
Why Written Communications Matter
Creates a Record
Written words can't be denied like verbal statements
Proves Timeline
Timestamps establish when things happened
Shows Intent
Written words demonstrate what parties meant to do
Best Practices for All Written Evidence
Preserve Metadata
Timestamps, sender information, and delivery confirmations are as important as the content itself.
Capture Context
Include messages before and after key exchanges to show the full conversation flow.
Verify Identity
Make sure communications clearly show who you're talking to (name, number, email, username).
Act Quickly
Many platforms and services auto-delete messages. Save important communications immediately.
Types of Written Communications
Text Messages
What Qualifies
- SMS messages between you and the other party
- iMessage, WhatsApp, Signal, or other messaging app conversations
- Group messages that include relevant discussions
- Messages showing dates, times, and phone numbers
How to Record
- ā¢Take screenshots showing the full conversation thread
- ā¢Include the contact name/number at the top of each screenshot
- ā¢Capture timestamps for each message
- ā¢Export full conversation if your phone/app supports it
- ā¢Use scrolling screenshot feature for long conversations
How to Retrieve
- ā¢Check your phone's messaging app history
- ā¢Use phone backup (iCloud, Google) to recover deleted messages
- ā¢Request records from your phone carrier (may require subpoena)
- ā¢Check other devices synced to the same account
Pro Tip: Courts accept screenshots, but make sure they clearly show who sent each message and when. Consider using a screen recording to show the authenticity of the messages.
Emails
What Qualifies
- Direct emails between you and the other party
- Email chains showing the full conversation
- Automated emails (receipts, confirmations, notifications)
- Forwarded emails that contain relevant information
How to Record
- ā¢Print emails showing full headers (From, To, Date, Subject)
- ā¢Export as PDF to preserve formatting
- ā¢Include the entire email chain, not just the latest message
- ā¢Save attachments separately and reference them
How to Retrieve
- ā¢Search your email inbox, sent folder, and archive
- ā¢Check spam/junk folders for missed correspondence
- ā¢Use email search with keywords, dates, or sender addresses
- ā¢Contact your email provider for recovery of deleted emails
- ā¢Check any email forwarding rules that may have copies
Pro Tip: Email headers prove authenticity. When printing, use your email client's 'Print' function rather than screenshots to capture full header information.
Letters & Mailed Correspondence
What Qualifies
- Formal letters sent via postal mail
- Certified mail with return receipts
- Notices, demands, or official correspondence
- Postcards or cards with relevant written content
How to Record
- ā¢Keep original letters in protective sleeves
- ā¢Make high-quality photocopies or scans
- ā¢Photograph envelopes showing postmarks and addresses
- ā¢Preserve certified mail receipts and tracking records
How to Retrieve
- ā¢Check your files and mail storage
- ā¢Request copies from the sender if you've lost them
- ā¢Use USPS Informed Delivery to see images of recent mail
- ā¢Contact businesses for copies of correspondence they sent
Pro Tip: Certified mail receipts are powerful evidence because they prove the other party received your communication. Keep the green return receipt card.
Social Media Messages
What Qualifies
- Facebook Messenger conversations
- Instagram direct messages
- LinkedIn messages
- Twitter/X direct messages
- Comments on posts relevant to the dispute
How to Record
- ā¢Screenshot entire conversation threads
- ā¢Use platform's 'Download Your Data' feature for complete records
- ā¢Capture profile information showing the other person's identity
- ā¢Record video of scrolling through messages if helpful
How to Retrieve
- ā¢Log into the platform and access message history
- ā¢Use the platform's data download feature (Settings > Privacy)
- ā¢Check archived/hidden message requests
- ā¢Contact platform support for recovery of deleted messages
Pro Tip: Social media companies keep records. Use their official data download tools to get authenticated copies of your conversations.
Voicemail Transcripts
What Qualifies
- Voicemail messages left by the other party
- Visual voicemail transcriptions
- Recordings of voicemail messages
- Voicemail-to-text records from your carrier
How to Record
- ā¢Save voicemails before they auto-delete
- ā¢Use your phone's share/export feature for voicemails
- ā¢Record voicemails playing through speaker (last resort)
- ā¢Screenshot visual voicemail transcripts
How to Retrieve
- ā¢Check your phone's voicemail app
- ā¢Access voicemail through your carrier's website
- ā¢Call your voicemail number to listen to saved messages
- ā¢Contact your carrier about voicemail retention policies
Pro Tip: Voicemails often auto-delete after 30 days. Save important messages immediately. Some phones let you share voicemails as audio files.
Online Chat & Support Logs
What Qualifies
- Live chat transcripts with customer support
- Help desk ticket conversations
- In-app support messages
- Chat logs from service providers
How to Record
- ā¢Request chat transcript be emailed to you immediately
- ā¢Screenshot the entire conversation before closing
- ā¢Note the chat reference number or ticket ID
- ā¢Save any confirmation emails sent after the chat
How to Retrieve
- ā¢Check your email for auto-sent transcripts
- ā¢Log into your account with the company to view history
- ā¢Contact customer support and request copies using ticket IDs
- ā¢Use the company's data request process (often under Privacy settings)
Pro Tip: Many companies automatically email chat transcripts - check your inbox and spam folder. Always ask for a transcript before ending a support chat.
Common Mistakes to Avoid
- ā¢ Editing or cropping screenshots - This can make evidence appear altered or incomplete
- ā¢ Not capturing timestamps - Dates and times are crucial for establishing timeline
- ā¢ Only saving partial conversations - Include context before and after key messages
- ā¢ Waiting too long - Messages can be deleted, accounts can be deactivated
- ā¢ Not backing up - Keep copies in multiple locations (cloud, email, printed)