Telephone conversation submissible in small claims court?

Freejack2

Diamond Member
Dec 31, 2000
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I'm trying to get someone to pay what they owe me and they are not being nice about it, so it looks like I'll finally find out all about small claims court. :(
I checked New York State laws and so long as 1 party (me) is recording that's legal, but is my recording submissible as evidence in small claims court?
Thanks.
 

MustISO

Lifer
Oct 9, 1999
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Did you record with their permission? I thought recording a phone conversation was illegal unless the person is notified.
 

Freejack2

Diamond Member
Dec 31, 2000
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91
Once again, in New York it's legal to record a conversation so long as one party (in this case myself) is aware of this.
However while it's legal, I don't know if it's admissable as evidence in small claims court...
 

AlienCraft

Lifer
Nov 23, 2002
10,539
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Originally posted by: Freejack2
I'm trying to get someone to pay what they owe me and they are not being nice about it, so it looks like I'll finally find out all about small claims court. :(
I checked New York State laws and so long as 1 party (me) is recording that's legal, but is my recording submissible as evidence in small claims court?
Thanks.
As long as the evidence is legally obtained and relevant to the matter under scrutiny, it should be allowed.
You may want to print a copy of the section regarding the legality of your recording. enough for everyone ......
Good luck, btw.
 

Armitage

Banned
Feb 23, 2001
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I'd say talk to a lawyer, but that would cost probably a good chunk of what you might recover anyway. Maybe look for one of those free legal assistance clinics?? I know the local BAR association here in Colorado Springs used to do a free call-in advice line once a month for a few hours.