The person "borrowed" $395.00 and said they would pay it back in 2 weeks. That was 4 months ago and I have no proof they owe me money. I thought if I taped a conversation with me and this person, and if I got them to admit it, while I was taping them, I would have proof they owe me money. But I dont know if that is legal. In talking to her I was saying she owed me $400.00 and she corrected me, telling me it $395 she owed me. Ultimately I want to do the samething, only this time record the conversation, and use that as my proof. I've seen these small digital recorders that are the size of a lighter. I figure I could have that set to record in my shirt pocket, and carry on the conversation. But I want to keep it legal. I live in PA. I dont know if that makes a difference. Thank you
2006-08-15 11:18:10 · 13 answers · asked by Jim01 1 in Politics & Government ➔ Law Enforcement & Police
I would tape her regardless. I know where I live it says one person in the conversation must know it's being taped and you're one person. But in any event once you have her on tape then she will be motivated to repay you. Other methods could include witnesses, an answering machine message, A partial payment (not in cash) which would prove acknowledgment of debt etc. I wouldn't tell her of your proof-keep collecting it then take her to small claims court.
2006-08-15 11:26:41 · answer #1 · answered by MAK 6 · 0⤊ 1⤋
Each state has a law regarding recording conversations. If you live in a one party state, that means as long as one person in the conversation is aware it's being recorded it's a legal tape. Two party state means both parties have to be aware and consent to it. I BELIEVE PA is a one party state. You should contact an attorney where you live and ask before you do it. 12 states right now are two party states, but that does change with new legislation.
By the way, those little pocket recorders are AWFUL... I tried one for my work. The good ones that actually pick up a conversation will almost cost you what she owes you... :(
2006-08-15 11:26:28 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Ok, here's the low down.
ecording a 3rd party without their knowledge or consent is illegal, therefore any tape recording made of this person would not be admissable as evidence in court.
However, and illicit recording is acceptable for you to hand to a lawyer, and your lawyer can then prepare an affidavit based upon the recordings content. The affidavit IS admissable in a court of law.
Here's the interesting part.
Should that matter make it to court, and the 3rd party is cross examined, the recording CAN be made admissable if the 3rd party blatantly lies and the recording can demonstrate that.
For the sake of $400, it probably isn't worth going to court. The affidavit and notice of demand from a lawyer should be enough to scare this person into doing the right thing.
Good luck.
2006-08-15 11:27:11 · answer #3 · answered by cat_the_aussie 2 · 0⤊ 1⤋
I would say you are ok to record it.
If you were a third party recording someone else's conversation then that might be illegal if they weren't aware... but if you're a participant then you are already privy to the conversation's subject matter / dialogue so what would be the problem. It might not be admissible in court but at least you would have some leverage in a threat to go to court...
2006-08-15 11:24:51 · answer #4 · answered by Dubberino 3 · 0⤊ 1⤋
As long as one of the two parties to a phone conversation knows it is being recorded, then yes, it is legal to record the conversation.
2006-08-15 11:23:43 · answer #5 · answered by 2007_Shelby_GT500 7 · 0⤊ 1⤋
It all depends on Pennsylvania's law. In Michigan, it is perfectly legal to tape a conversation between you and the person you're calling, but it is illegal if you tape a conversation between two people where you're not involved in the conversation.
2006-08-16 04:13:48 · answer #6 · answered by rprice69 1 · 0⤊ 1⤋
Technically as long as one person in the conversation knows that it is being recorded then it is legal.
2006-08-15 11:21:40 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Its not illegal to record someone without them knowing, but using that proof or recording is a whole different deal.
Besides u can avoid the court deal and publish the tape outside of court .... thats not illegal (though it can be slander/libel if not 100% truthful)..
I
2006-08-15 11:26:09 · answer #8 · answered by pcreamer2000 5 · 0⤊ 1⤋
Of course it is legal to make a recording between you and somebody else. Do you think, however, that you are going to take her to court and she is going to deny she owes it to you?
I would guess she just doesn't have the money.
Can't get blood out of a turnip, as they say.
2006-08-15 11:23:05 · answer #9 · answered by mia2kl2002 7 · 0⤊ 1⤋
Even if it's legal to record the conversation, you can't use it in court as evidence.
2006-08-15 11:25:42 · answer #10 · answered by Anonymous · 0⤊ 1⤋