Legal Question in Wills and Trusts in California
I recently let someone borrow $1,200. We had no written agreement & I have no proof the money is only borrowed from me not given to him. We recently got into a fight & i'm scared he will not pay as he said he would. If I get a recording of us talking about the money & how he only borrowed it & was supposed to pay back, is that sufficient proof? I would like to take this case to small claims court. I also am not sure what type of law this falls under, if you would please correct me.
4 Answers from Attorneys
Forget the recording. You just paid the tuition for the Don't Do Stuff Verbally course.
In California, except for the police in a criminal investigation, making a tape recording of someone without their knowledge is a crime and no evidence obtained via the recording is admissible into evidence. When things have calmed down, ask them if they will repay you. You can still sue but you have to show it was unlikely it was a gift [yo had little money, it was not for a necessity of life, no prior gifts at the holidays or birthdays, etc.]
You cannot tape record a person in California without their permission. If you do so, you can be charged criminally, and the tape recording will be excluded as evidence.
Why don't you send them a friendly e-mail, when things calm down, asking when they expect to pay you back?
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