Legal Question in Civil Litigation in California

Re: California; Recording My Telephone Conversation

In California, the recording of a telephone

conversation without the consent of all parties to the

conversation is a criminal offense. If you want to record

a conversation, once you have all participants to the

conversation on the line state that you wish to record

the conversation and ask them to agree. If they all

agree, then you should turn on the recorder, and

state that you have asked all the participants to

agree that the conversation may be recorded, that

they agreed, and then ask them to confirm on the tape

that they did so agree. If you do not obtain clear,

audible statements from each that they agree to the

recording, you should state that you are turning off the

recorder, and do so immediately.

I never recommend that one record a conversation on

phone as a means of proving the making of a demand

as a precondition to suit. The preferred practice is

to send a letter by mail, certified mail, return

receipt requested, or to have the letter hand delivered

by a courier, such as by Federal Express, with instructions

to the courier that they obtain a signature of the

person receiving the letter.

A copy of the letter can then be admitted in evidence at trial

if the giving of notice becomes an issue.

Re: California; Recording My Telephone Conversation

A taped phone conversation is just not reliable. You would need to obtain the permission of all parties before commencing the recording and if you are suing someone this isn't likely to happen. The Judge may not even allow it into courts evidence if you succeed. I would recommend that you send a formal demand letter stating the terms of the agreement and amount due. It only cost about $2.50 to send a letter certified return receipt through the US post office. This way you have something in writing and the return receipt with the individuals signature to prove they received the demand letter. You should take a copy of the demand letter and the original return receipt with you to Court to show the Judge. If the receipiant refuses to accept the letter from the post office it will be returned to you. You should bring this to Court to show you tried to send them a demand letter and they refused to accept it. In either case it should be sufficient to meet the requirement of the Court.

Good luck.

Sincerely,

John Hayes, Esq.