Legal Question in Credit and Debt Law in California

Re: Can I secretly record a phone conversation

DO NOT record him. Your wife can testify but a jury may wonder if she's telling the truth or just saying what her husband wants her to say.

Do you have any bank records that can corroborate your claim? Did you withdraw cash on a certain day to give to him? If so, the bank statement can be used.

You should ask him about the loan in the presence of another person. If the borrower fails to deny the loan, his statements (or lack of objection) will be an admission. The 3rd person will be able to testify about the admission if you end up in court.

Re: Can I secretly record a phone conversation

Recording may be illegal where done without his knowledge/consent. Your wife is legal. You may want to write a letter to him confirming the loan and/or get a third party witness to be present for a conversation. And, as you now know, never lend money without a written agreement. If you wrote a check, that would be helpful evidence.

JOEL SELIK Attorney at Law

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