Legal Question in Civil Litigation in California

Small Claims-Verbal Statement on Message Machine

Problem:Have fee's to be paid on car deal gone wrong. Have the owner of the dealership on a message machine stateing that he was going to try and get (dealer name)to pay fee's but if they didn't Quote:''I think the best thing to do is for us to cover those fee's and will tell (dealer name) that it is our resposibility''.Can I use that in Small Claims as a binding statement.He recanted that and only gave me half of the total fee's,by me taking the half can I still take him to court for remaining balance, and can I use the tape in court. Its a little more than that but don't have room to type. Need answer ASAP Thanks


Asked on 7/08/03, 9:59 pm

2 Answers from Attorneys
Sargis Atanous LAW OFFICE OF SARGIS G. ATANOUS

Re: Small Claims-Verbal Statement on Message Machine

Most likely yes. Did he know he was being recorded (it is illegal to record a phone conversation without the other person's knowledge). If he left a message, it is an admission. Thanks for your question and good luck.

Read more
Answered on 7/08/03, 10:29 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Small Claims-Verbal Statement on Message Machine

If he left a message on your machin, you can use it. If you recorded the conversation without his knowledge, you cannot.

Read more
Answered on 7/09/03, 12:01 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California