Using recorded phone calls in court?

kccustom · 07-22-2008, 12:02 PM

This relates to my current case that many be going to court. JDB is coming after me but I can't find any record of the account they supposedly bought (No charge off on any CR from OC. I called the OC on two separate occasions and recorded the calls (I am in NC - 1 party state). During those calls both reps said we don't have any record of the account and we don't show that it was charged off or sold to a JDB.

So my question is how to utilize this info in my court case. Do I need to have a transcript of the calls made? I can't seem to find any information on how they can be used in court. Also I believe I know this but how do I tell the JDB's attorney that I have these recording. Should this be in an answer to their interrogatory where they ask about documents that I have to support my contentions that I don't owe this money? When I first started working on this case that was one thing folks on here advised was to record calls but I'm just not sure how to put them to work.

Thanks!

centex · 07-22-2008, 03:08 PM

Quite frankly, those calls won't do much more than waste your time trying to get them admitted, much less dealing withthe depositions of the employees. Old accounts are routinely purged from the screens the frontline CSR's have access to. Time wasted on red herrings is time better spent elsewhere on productive components of litigation...

You would have been better off writing to the corporate office to seek out a written response to what records may exist, with the letter you sent including ALL relevant information fragments presently in your possession.

hannah · 07-22-2008, 08:16 PM

Quote:

Originally Posted by kccustom

This relates to my current case that many be going to court. JDB is coming after me but I can't find any record of the account they supposedly bought (No charge off on any CR from OC. I called the OC on two separate occasions and recorded the calls (I am in NC - 1 party state). During those calls both reps said we don't have any record of the account and we don't show that it was charged off or sold to a JDB.

So my question is how to utilize this info in my court case. Do I need to have a transcript of the calls made? I can't seem to find any information on how they can be used in court. Also I believe I know this but how do I tell the JDB's attorney that I have these recording. Should this be in an answer to their interrogatory where they ask about documents that I have to support my contentions that I don't owe this money? When I first started working on this case that was one thing folks on here advised was to record calls but I'm just not sure how to put them to work.

Thanks!

In order to use those recorded calls, you will need to list them as your evidence in court. Do you have the info on who is speaking to you? Names etc. You can always get this info by subpoena if need be. You will also need to inform plaintiff's counsel that the calls support your contentions that you don't owe the debt in their interogs. If you have already done the interogs, send them a supplement.

Enigma · 07-23-2008, 02:02 AM

Use Rule 31 in conjunction with Rule 45 of the NC Rules of Civil Procedure to draft a subpoena and an order to take a written deposition, aka Subpoena Duces Tecum Without Deposition.

Use Discovery on the Plaintiff.

kccustom · 07-23-2008, 12:53 PM

Quote:

Originally Posted by hannah

In order to use those recorded calls, you will need to list them as your evidence in court. Do you have the info on who is speaking to you? Names etc. You can always get this info by subpoena if need be. You will also need to inform plaintiff's counsel that the calls support your contentions that you don't owe the debt in their interogs. If you have already done the interogs, send them a supplement.

So each call would be an exhibit then? I have the first names the reps I spoke with and a ticket number in case I ever needed to reference it. They wouldn't give me last names. I was going to use the existence of the recordings when responding to their interogs. I haven't sent them back yet (Have until the Aug 1st)

Do I need to send the plaintiff a copy of the recordings with my responses to their Req for Admissions and Interogs OR do I just hold on to them and have them ready to produce at pre-trial or trial?

Quote:

Originally Posted by Enigma

Use Rule 31 in conjunction with Rule 45 of the NC Rules of Civil Procedure to draft a subpoena and an order to take a written deposition, aka Subpoena Duces Tecum Without Deposition.

Use Discovery on the Plaintiff.

I downloaded the Subpoena form a few minutes ago. I read Rule 31 and Rule 45 and understood them. Do I need to go ahead and file the subpoena or wait to see what they do with my Discovery Requests? I am pretty close to having those ready so will most likely be sending them on the 28th or 29th.

junkie · 07-27-2008, 12:24 PM

Use caution with these recording... even if you are in a one party state!

CA's are getting smart on these calls - they may have routed their call to you from a 2 party state and if you introduce these recordings then you could be slapped with a criminal complaint.

hannah · 07-27-2008, 01:40 PM

Quote:

Originally Posted by junkie

Use caution with these recording... even if you are in a one party state!

CA's are getting smart on these calls - they may have routed their call to you from a 2 party state and if you introduce these recordings then you could be slapped with a criminal complaint.

No offense but that's patently ridiculous if you are in a one - party state and record the call there. I personally doubt if any CA or JDB would go this extra route to slap you with a criminal complaint as it would make the cost of collecting less efficient.

Edited to add: If you think this because of the discussion about it on "the other site" don't worry. That particular set of circumstances has been blown entirely out of proportion and is inaccurate.

kccustom · 07-27-2008, 01:49 PM

Thanks for the word and caution as well as the vote of confidence. I checked though and both NC where I am am located and the state where the alleged OC is located are both 1 party states so there is no issue.

Also I found several website where I can upload MP3's of the calls and have them transcribed so I am going to have that done later today and will use the transcriptions as exhibits for discovery.

hannah · 07-27-2008, 01:55 PM

Quote:

Originally Posted by kccustom

Thanks for the word and caution as well as the vote of confidence. I checked though and both NC where I am am located and the state where the alleged OC is located are both 1 party states so there is no issue.

Also I found several website where I can upload MP3's of the calls and have them transcribed so I am going to have that done later today and will use the transcriptions as exhibits for discovery.

Don't forget to have the transcriber sign an affidavit.