Legal Question in Civil Litigation in Michigan

Re: Small Claims Court

It is a violation of the the federal wire tapping act to record a phone conversation without the consent of the parties. There may be civil and criminal fines if one is found to have violated the statute. Using a message from a voice mail or answering machine is not a violation. That being said, the judge may allow the recording, but you can always object to its introduction.

Re: Small Claims Court

Under Michigan law, MCLA 750.539c, it is illegal to "eavesdrop" on a telephone conversation. This statute has been interpreted in Sullivan v Gray, 117 Mich App 476 (1982), to allow "one party consent"-- ie: so long as one party to the conversation consents to the recording of the phone conversation, this is legal.

In your case, if you were a party to the phone conversation and you recorded the phone conversation, then the one-party consent applies and would not make it illegal for you to have recorded the phone conversation in the first place.

The next issue is whether the recording is hearsay or otherwise admissible in court. If the other party you recorded is the one who owes you the debt, and they are a party to the lawsuit (ie: you are suing them), you should be able to argue that their statements made on the recording are "admissions of a party opponent" and convince the judge/magistrate to hear them, and also argue that they should be admitted as evidence of the debt to overcome the parole evidence rule.

So, short answer, it sounds like you may be able to admit it as evidence, subject to the limitations above.

KW