I am the subject of a legal case where the opposing party alleges that I had sent some damaging texts to them on an unconventional texting app (e.g., Whatsapp). Some of the identifying characteristics of the text messages themselves makes it pretty obvious that the sender is me, although I am uncertain I did not send these text messages. These messages were forged/doctored, and obviously the person who is doing it is going to make it look believable, i.e., make it sound like it's me sendin git.

With today's technology, you can manipulate texts very easily. You can manipulate the screenshots, the texts itself, etc....So far, the opposing party has only provided the screenshots of the texts. I alleged that these messages were doctored and that I want the original messages so I can have hire someone to do a forensics analysis. However, the opposing party claims they do not have the original messages on their phone (how convenient).

These messages weren't sent through cell phone servers, so we cannot subpoena the records of communication. It is sent through an external app that does not keep messaging data in their system, unless either the sender or recipient(s) still has it. However, the issue is the opposing party claimed that they do not have the original messages and only the screenshot, so we wouldn't be able to subpoena it even if it was an option. How convenient right? metadata on screenshots can be so easily manipulated and the screenshot itself can be so easily manipulated with software that I don't know how I am going to prove that I didn't send these messages when they claim they don't have the originals.

Am I pretty SOL in proving that I didn't send these text messages and the only trace of the message is the screenshot?

  • 1
    You have to talk to your lawyer about this (if you don't have one already, it sounds like you need one). We can't give you legal advice related to your specific case. Aug 18 '17 at 17:17

Browse other questions tagged or ask your own question.