Unlocking the Legal Potential of Whatsapp: How Chat Messages Hold Weight in Debt Recovery Cases






One question that frequently arises in legal discussions is whether Whatsapp messages can be utilized as evidence in court, even in debt recovery cases. Many individuals mistakenly assume that Whatsapp's informal nature would render its messages inadmissible. However, let me tell you an interesting story that showcases the contrary.


Consider a recent debt recovery case, where Mr. Lee was pursuing payment from Mr. Tan, who had borrowed a substantial sum of money. Frustrated with the lack of progress, Mr. Lee decided to turn to Whatsapp messages as evidence of their loan agreement. Now, you might wonder, would these seemingly casual chats hold any weight in a courtroom? The answer is a resounding yes!




Allow me to introduce you to the captivating case of Mok Yii Chek v Sovo Sdn Bhd & Ors [2015] MLRHU 196. In this particular legal battle, the High Court shed light on the admissibility of Whatsapp messages in a debt recovery scenario. The court declared that print-outs of emails and Whatsapp messages fall within the broad definition of "document" under the Evidence Act, making them admissible evidence.


But here's the thrilling part: even when faced with skepticism regarding the authenticity of a print-out of a Whatsapp message, it can still be admitted as evidence if certain conditions are met. The party presenting the Whatsapp message must establish its relevance to the proceedings, proving that it addresses the existence or non-existence of a critical fact in the case. Moreover, procedural requirements, such as demonstrating that the print-out came from the computer's ordinary use, must be fulfilled.



Now, let's return to Mr. Lee's debt recovery case. Armed with the Whatsapp messages that clearly outlined the loan agreement between him and Mr. Tan, Mr. Lee confidently presented them as evidence in court. Not only were the messages admitted, but they also played a pivotal role in the proceedings. Their contemporaneous nature, capturing the discussions and promises made during the loan arrangement, provided valuable corroboration for Mr. Lee's claims. The High Court recognized the significance of these Whatsapp messages, lending them "great weight" in the final judgment.



So, the next time you find yourself grappling with a debt recovery dispute, remember the extraordinary power of Whatsapp messages as admissible evidence. These seemingly casual exchanges can transform the trajectory of your case, bolstering your position and strengthening your chances of a successful debt recovery. The legal landscape has undeniably evolved with the advent of technology, granting even our everyday conversations the potential to influence the outcome of a courtroom battle.

Leave a comment below if you have any questions to which I can help you answer, or send me an email at forlawme.yuva@gmail.com


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