I recently filed a case against an ebay online seller for sending me a counterfeit bags. The case was estafa coz im requesting for a full refund but she refused. Last oct. 29 i met the seller for preliminary investigation and she submitter her counter affidavit against my complaint. After reading her affidavit, the seller created her own story saying that i am aware that the bags she is selling are fake/imitations that it was just an act of extortion. How can it be extortion since I am the one who gave money on them and i just wanted to get the money i paid for the bags. Now my question is I still have our conversation from the time i purchased the bags with her on my iphone. The exchanging messages asking and confirming her that all the bags she is selling are all authentic. All her false story can be proven with our conversation thru text. Can i use our text conversation as evidence to prove that what she wrote on her affidavit are false? Further, before we meet in fiscals office last oct. 29, she texted me dated oct. 14 that she wanted to settle things out of court. So i told her just pay me this certain amount and i will not pursue the case. That's why I wonder all of a sudden she deny my accusations against her. Can i also use this as evidence that once a person wanted to settle things out of court it means you admitted the crime you did. Can i present this also as evidence?
Looking forward to your reply atty and your advice is highly appreciated.