Small Claims Court Q: Can i use a recorded conversation as...

Small Claims Court Q: Can i use a recorded conversation as evidence if im suing someone for money?

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Can I use a recorded conversation as evidence if I’m suing someone for money?

I’m planning to take someone who owes me money to court but I don’t have a contract. I do have some recorded conversations and cellphone text messages where he acknowledges he owes me money.

Could I use them as evidence so he will not to deny it.
I’m in California :(

4 COMMENTS

  1. That depends on what state you are from. Most states are "one party consent", meaning only one person needs to know the conversation is recorded.

    Twelve states currently require that BOTH or ALL parties consent to the recording. These states are:

    California
    Connecticut
    Florida
    Illinois
    Maryland
    Massachusetts
    Michigan
    Montana
    Nevada
    New Hampshire
    Pennsylvania
    Washington

  2. The text messages are definately usable because the other person knew that it was a message and could be kept. The recorded conversations aren’t usually admissable in court unless you clearly state to the other person that they are being recorded.

  3. If these were telephonic conversations, then some states require the consent of both parties. If the conversations were in person, they can be used. That doesn’t mean he can’t deny something. he can deny anything. He could deny that is his voice. He could claim you faked the tape.

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