Announcement

Collapse
No announcement yet.

Settling a debt

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • ZROD
    started a topic Settling a debt

    Settling a debt


    Called an attorneys office to settle debt. Spoke to a paralegal. He
    advised that this call maybe recorded. I then advised him the same,
    that the call maybe recorded on my end. We went through the motions of
    settling the debt. I gave him my bank card # and he informed me the
    account would be settled. At the end he tells me he is not consenting
    to the recording of the call, and hangs up. I only recorded to protect
    myself. So if by not consenting at the end of our conversations. Could I
    still use the tape if this for whatever reason, this comes back and they
    atemp to recollect or collect more?


    --
    ZROD
    ------------------------------------------------------------------------
    ZROD's Profile: http://www.slashlegal.com/member.php?userid=104
    View this thread: http://www.slashlegal.com/showthread.php?t=83722


  • McGyver
    replied
    Settling a debt

    "Seth Breidbart" <[email protected]> wrote in message
    news:[email protected]
    In article <[email protected]>, ZROD <[email protected]> wrote:
    Called an attorneys office to settle debt. Spoke to a paralegal. Headvised that this call maybe recorded.
    I always take the other party saying "This call may be recorded" as granting permission to record it. If they meant to inform me of the possibility that they would be recording, the correct word is "might". Seth
    Clever. What if the message is: "This call may be recorded for quality
    control purposes."? Does that mean the other party has permission to record
    but only for the limited purpose? What if you record for some other
    purpose?

    Great catch. I'm saving it.

    McGyver


    Leave a comment:


  • Seth Breidbart
    replied
    Settling a debt

    In article <[email protected]>,
    ZROD <[email protected]> wrote:
    Called an attorneys office to settle debt. Spoke to a paralegal. Headvised that this call maybe recorded.
    I always take the other party saying "This call may be recorded" as
    granting permission to record it.

    If they meant to inform me of the possibility that they would be
    recording, the correct word is "might".

    Seth

    Leave a comment:


  • Vanguard
    replied
    Settling a debt

    "McGyver" <[email protected]> wrote in message
    news:[email protected]
    "ZROD" <[email protected]> wrote in message news:[email protected]
    Called an attorneys office to settle debt. Spoke to a paralegal. He advised that this call maybe recorded. I then advised him the same, that the call maybe recorded on my end. We went through the motions of settling the debt. I gave him my bank card # and he informed me the account would be settled. At the end he tells me he is not consenting to the recording of the call, and hangs up. I only recorded to protect myself. So if by not consenting at the end of our conversations. Could I still use the tape if this for whatever reason, this comes back and they atemp to recollect or collect more?
    I'm not an expert in this area, but here is my uninformed impression: If you are in a state which requires only that the other person be informed that the conversation may be recorded or in a state which has no prohibition against recording, then you have violated no law by recording the telephone conversation. If you are in a state which requires the other person's consent, then I agree with Burditt, that consent was implied by the other party's failure to object earlier and failure to terminate the conversation earlier. So you should find out which sort of rule your state has. That should be an easy internet search. Whether you can use the tape is a matter of evidence law. I'm not an expert on that even in my own state, much less yours.

    In addition, in the very few civil cases that I've been in as a witness,
    recordings were not permitted as evidence. However, a witness can be asked
    the contents of the recording (so it behooves the witness to repeatedly
    review the recording to memorize it). I don't know why but the recording
    was not allowed yet the witness was allowed to recite the recording or even
    allowed to read aloud a transcription of the recording. Go figure.
    Although the recording wasn't allowed, the witness was obviously allowed to
    recount the conversation, and noting that their statements were made from
    reviewing the tape gave more weight to that testimony. Noting that you are
    recounting a transcription or recording of the conversation helps eliminate
    suspicion of "drift" in your side of the story.

    "Some states have passed laws making it illegal to secretly record a phone
    conversation without both parties' permission. Twelve states have made it
    illegal to record a telephone conversation without all parties' consent:
    California, Connecticut, Delaware, Florida, Massachusetts, Maryland,
    Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington. It
    is legal to record a conversation in the other 38 states as long as one
    party to the conversation (you) gives consent. "
    (http://www.bcsalliance.com/y_debtcoll_recording.html)

    Also see http://www.aapsonline.org/judicial/telephone.htm.

    So if you're in one of those 38 other states, you can record your own
    conversations without permission from the other party. Of course, you will
    need to be cognizant in which state the case goes to court (yours or theirs
    depending on who files). From what I've read, the recording can only be
    used as rebuttal evidence and is considered hearsay as direct evidence.
    That is, you can't use a recording to prove what was said but you can use it
    to prove that the other person is lying about what they claim to have said
    (you get to use the recording to prove they are lying; if they agree, the
    recording is not submissible). That doesn't change the ability to note
    during your testimony that you used the recording or a transcription of it
    to refresh your memory when providing direct evidence (i.e., when YOU
    testify as to what you and the other party said).

    Just because you claimed to have made a recording doesn't disallow
    contesting its authenticity. If the other side lies, they will also try to
    discredit the recording. In one article, the guy says that after making the
    recording (which uses tape and not a chip which then he has to record using
    another device) he keeps the recording going after hanging up and dials (so
    the dial tones are recorded, too) the local time & temp number to put a
    datestamp into the recording (since the recording device could be tampered
    with to specify a bogus datestamp) or even calls long-distance to the
    National Observatory in DC to get the datestamp and show the charge on his
    phone bill. He wants an independent 3rd party to timestamp his recordings
    that may be needed for legal rebuttal evidence. You also cannot start the
    recording after the other party gives permission. The recording must
    actually contain the prelude of the conversation up to and including your
    request for permission and their acceptance of your terms.

    Regardless of the stupidity of the paralegal, the attorney for which the
    paralegal is representing will know better regarding permission and usage of
    the recording, a transcription of it, or your testimony based on reviewing
    the recording or transcription.

    --
    I am not a lawyer. Just offering opinions and experiences.
    __________________________________________________
    Post replies to the newsgroup. Share with others.
    For e-mail: Remove "NIX" and add "#VN" to Subject.
    __________________________________________________

    Leave a comment:


  • McGyver
    replied
    Settling a debt

    "ZROD" <[email protected]> wrote in message
    news:[email protected]
    Called an attorneys office to settle debt. Spoke to a paralegal. He advised that this call maybe recorded. I then advised him the same, that the call maybe recorded on my end. We went through the motions of settling the debt. I gave him my bank card # and he informed me the account would be settled. At the end he tells me he is not consenting to the recording of the call, and hangs up. I only recorded to protect myself. So if by not consenting at the end of our conversations. Could I still use the tape if this for whatever reason, this comes back and they atemp to recollect or collect more?
    I'm not an expert in this area, but here is my uninformed impression:

    If you are in a state which requires only that the other person be
    informed that the conversation may be recorded or in a state which has no
    prohibition against recording, then you have violated no law by recording
    the telephone conversation. If you are in a state which requires the other
    person's consent, then I agree with Burditt, that consent was implied by the
    other party's failure to object earlier and failure to terminate the
    conversation earlier. So you should find out which sort of rule your state
    has. That should be an easy internet search.

    Whether you can use the tape is a matter of evidence law. I'm not an expert
    on that even in my own state, much less yours.

    This answer must not be relied on as legal advice for the reasons posted
    here: http://www.msnusers.com/1LawChat/Doc...Disclaimer.doc



    McGyver


    Leave a comment:


  • Gordon Burditt
    replied
    Settling a debt

    >Called an attorneys office to settle debt. Spoke to a paralegal. He
    advised that this call maybe recorded. I then advised him the same,that the call maybe recorded on my end. We went through the motions ofsettling the debt. I gave him my bank card # and he informed me theaccount would be settled.
    Did you also agree that your credit record would be cleared? Or
    at least that they would report it as no longer outstanding, but
    settled or paid off? You should have dealt with this.
    At the end he tells me he is not consentingto the recording of the call, and hangs up. I only recorded to protectmyself. So if by not consenting at the end of our conversations. Could Istill use the tape if this for whatever reason, this comes back and theyatemp to recollect or collect more?
    It seems to me that anything he said between saying he is not
    consenting to the recording and the end of the conversation (that
    is, hanging up) is something you CAN'T use, and anything between
    you notifying him of the recording and when he notified you that
    he is not consenting (that is, almost all of the conversation) is
    something you CAN use.

    Gordon L. Burditt

    Leave a comment:

Working...
X