Legal Question in Civil Litigation in California
lie-detector test
I had an oral agreement with a (former) friend that I would loan him some money and he promised to pay it back. Now he refuses to pay me back or go to mediation. My only option now is to go to small claims court but it is his word against mine and I believe that he will most likely lie in court. If he does lie is there a way I can have a lie-detector test done? Could I volunteer for a lie-detector test before the court date and submit that as evidence that I am telling the truth? If so how would I go about doing that?
3 Answers from Attorneys
Re: lie-detector test
The judge will be the lie detector. Bring your bank statements or written evidence that you gave money and any witnesses for testimony.
The court will not consider the results of a lie detector test.
Re: lie-detector test
You can't force him to undergo a lie detector test. If you take one yourself, the court will not allow you to use the results as evidence.
Even if the results were admissible, you would have to bring the person who administered the test with you as an expert witness. You would also have to pay her for her time -- both when she goes to court and when she conducts the test.
Re: lie-detector test
Lie detector tests are considered unreliable and you cannot force anyone to use it. Hearsay is admissible in small claims court though, so any witness statements of people who know about the debt are admissible.
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