Will this hold up in court?

by **galvin** » Mon May 28, 2012 6:46 am

i lived with this guy for a little more then a year, we made a verbal agreement that i would pay him back the money, but there were no signed contracts, no proof of the amount of money with my signature on it, and he says that he will take me to court if needed, he says he has signed letters from other people agreeing to this.. im wondering if this would even hold up in court, he also says he has me recorded saying it, but i never consented to a recording in the first place, i believe thats agaisnt the 1 party law or something like that, any i just need some answers

by **colfre** » Mon May 28, 2012 6:48 am

why dont you pay him back if you said you would. do the right thing! and yes it will hold up in court.

by **gervaso81** » Mon May 28, 2012 6:59 am

This won't hold up in court, a recording that you didn't consent to is inadmissible and he has no legal document with your signature on so he can't prove he gave you the money and unless those other people actually saw him giving you the money they can't be called upon as credible witnesses as they are not witnesses. This doesn't mean however that you shouldn't pay him pack, that is the right thing to do after all.

by **ricki** » Mon May 28, 2012 7:11 am

in California, Connecticut, Delaware, Florida, Maryland, Massachusetts, Nevada, New Hampshire, Pennsylvania, Vermont, Washington, and Illinois are all two-party consent states meaning that both parties have to know that they're being recorded, as for the verbal agreement, that will be very hard to hold up in court. If there is a verbal agreement in court it is pretty much a "he said/she said" type of thing and the judge has a very hard time trying to decide who is telling the truth. So to answer your question i highly doubt it'll hold up in court

by **syvwkh** » Mon May 28, 2012 7:19 am

Can not know from the information you provided. It will cost him over $100 in court costs to bring the suit if it is a small claim. More if it is a large claim. If he has witnesses to the events, that could be credible evidence. He doesn't need your consent to record his conversations with people. If you made an a agreement, you have a moral obligation to keep the agreement if possible. If you lie in court, that will be perjury. Perjury is a felony. What kind of a person are you?

by **anson34** » Mon May 28, 2012 7:23 am

Signed Letters?... are they 'Sworn Statements'.... and as for the recordings.... are they in a Public Area OR something that was on a 'Phone'.... Public area is open for 'Freedom of information Act'.. Private Party is inadmissable IN court but could be viewed in the chamber of the Judge... Plus whats the State you are in and look up the Revised Statutes.... Were there previous agreements with this person?... It sounds as if you had no intentions of paying this guy back... why would you take the $$?... and 'Proof' can lay in many forms of Reciepts (which are traceable)... Small Claims if found at fault... YOU will have to pay ALL Court Fees ON TOP of the $$ owed...

by **gillian59** » Mon May 28, 2012 7:34 am

Um mm.... ha ha..... if it had a disputable chance before.... it no longer does NOW.... you OPENLY admitted on a forum that you VERBALLY AGREED that you owed him $$ on a Public Forum.... Best hope that he isn't resourceful and has Alot of powerful ppl already in his corner such as Lawyers and Judges that he has at his disposal that would scour across the internet... I wish you the best of luck... and be a upstanding man of your word that you apparently VERBALLY AGREED to pay this guy back... The 'ParaLegal' is correct... you will be charged the fees ON TOP of a Lien of your checks... and as for the $100 for small claims could be deferred if its a win able case. Sounds as if you have a uphill battle.. best bet... pay off your debt As soon as possible and take this as a learning experience.

Advertisments:

Useful Links: