Legal Question in Education Law in Maryland

My partner and I, over the phone, struck an agreement with the dept of ed to pay 50 dollars a month for each of us. I did record the conversation and am looking for the tape of the recorded agreement. We also kept canc checks of our payments. However, while paying the loan was sent to various collection agencies. If I can provide the recorded agreement with the dept of ed rep and show copies of checks, can we keep orig agreement? Any guidance in this matter is deeply appreciated


Asked on 1/19/11, 11:10 am

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

If the department of education representative was not aware that you were recording that conversation, you could be in violation of certain Maryland criminal laws. If the department of education representative was aware, you still likely can't use the recording since it falls under the "hearsay" rule of evidence (it is an out of court statement offered to prove the truth of the matter asserted, namely that a contract existed). The checks are also hearsay, but a smart attorney may find a way to get those checks in the record as evidence or indicia that a contract existed.

At the end of the day, the BEST thing you can do is hire a lawyer who can assist you. Even though it may be costly, you will fare much better in the end.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.*******

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Answered on 1/24/11, 1:34 pm


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