Legal Question in Credit and Debt Law in California
This man is taking me to court over a phone conversation we had, that supposedly I answer yes when he asked "so, you are going to pay me the 12,000 you owe me?"
I was drinking at home and our conversation escalated into an argument, I was already upset so by the time he asked me that I just wanted to hung up. I honestly don't remember saying yes. And the most important thing is that I don't owe him that money and he doesn't have any paper that I signed saying I owe money.
Is this legal? Can he take the recorded phone conversation we had and make me pay ssome money I don't owe? My gut says it's impossible, but you never know.
2 Answers from Attorneys
If he is also in California, the recorded phone call would be inadmissible in court and you could even sue him for a free $2500 for recording the call, assuming the recording was made without your consent.
Even if the recording was with your consent, it is only one piece of evidence, not absolute proof.
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