Legal Question in Credit and Debt Law in Maryland

phone message tape as evidence for sm. claims file?

I loan a good friend some money as we both had done during our long standing friendship. There was never a problem with verbal agreement of re payment back. She ask to borrow a couple thousand dollars from me after she just bought a new home and some unexpected bills came up she needed help with right away. We discussed a payment plan with nothing in writing (as we had sone in the past) except for the check I wrote to her with the note on the check saying loan for bills (made out to her) She since decided that she would end our long standing friendship when I asked the first time when she was going to start paying me back? She got very upset that I had to ask I guess she then left several messages on my cell phone to me referenceing her plan to indeed pay me back but in more of a vogar, rude wording. Also stating how she planned to pay me back with that years income tax refund check. Then to tease and upset me she left another message stating she took me off her re-payback list. My question is: Can I use these phone message recordings as additional evidence in filing a claim in the District Court of Md small claims process I will be doing this on my own without a lawyer.


Asked on 1/31/08, 4:54 pm

1 Answer from Attorneys

Paula McGill Attorney at Law

Re: phone message tape as evidence for sm. claims file?

The judge will PROBABLY let it in if you can properly authenticate the tape and voice on the tape. Try to introduce it. The cashed check (front and back) with the note on the front will be very important. If you have witnesses to this transaction or subsequent discussions, it may also be relevant to the matter.

This response does not create an attorney client relationship. The opinions expressed are based on the limited information provided by the question and the exact question asked.

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Answered on 1/31/08, 5:07 pm


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