If a guy breaks your computer and he says he'll pay for it and you have him tape recorded and the other person doesn't know and then the guy that broke the computer saids "I won't pay for it." And you sue him is it okay to use the tape recorder? That not illegl right? In the state of Texas.
2006-11-01 13:37:54 · 5 answers · asked by t(-_-)y 3 in Politics & Government ➔ Law & Ethics
I wont pretend I know how it works in Texas (I'm in Australia), but generally, the rules of evidence are more relaxed in civil law cases. It will probably be up to the sitting judge to decide whether it gets admitted, based on it how probative, reliable, etc. it is. This evidence sounds probative AND reliable, so that's a good sign.
I very much doubt it's illegal to tape record somebody without them knowing, unless you plan to publish the conversation in breach of their rights of privacy/confidentiality or something. Laws against secretly recording stuff usually focus on what you actually do with the information, not the fact that you recorded it. But you guys have a constitutional right to privacy so dont quote me on that.
But it might still be inadmissable in court, because of a law neither you nor me know about it, so we need to get back to the golden rule of civil litigation, which is: Dont do it unless there's absolutely no other option because its really really expensive. Keep hounding the guy for a bit longer. If he still doesn't pay up, talk to a lawyer and the lawyer will be able to hound him more effectively as well as telling you if your tape recorded evidence is legal and admissable. If all else fails, you can sue.
But definitely dont start legal proceedings without legal advice. Good luck mate
2006-11-01 14:24:50 · answer #1 · answered by dave_eee 3 · 1⤊ 0⤋
If you had his permission to tape it, sure. If not, you are probably s.o.l.. BUT, if you are in small claims court (justice of the peace, amt of your computer is less than $5000), then rules of evidence don't apply so you can use it. Do an internet search of your county in Texas along with "justice of the peace" and you can find more info. You don't need a lawyer or anything to file suit in a JP court.
2006-11-01 22:23:28 · answer #2 · answered by RHB 2 · 0⤊ 0⤋
It is normally illegal to tape someone without their knowledge unless you are a police officer or working with the police on an active investigation.
2006-11-01 22:18:58 · answer #3 · answered by Christopher H 3 · 0⤊ 0⤋
I'd use it, but i'd also ask a lawyer.
2006-11-01 21:46:05 · answer #4 · answered by sangreal 4 · 0⤊ 0⤋
nope you have evidence use it!!!!
2006-11-01 21:40:05 · answer #5 · answered by chele 2 · 0⤊ 0⤋