tape recording New York

What is the name of your state?new york state
I would appreciate any answers to my question.. I understand a tape recorded conversation between 2 parties is legal in NY, as long as 1, that being me, knows about it.. However is the conversation proof if the one party admits to owing money... for specifics.. I lent a friend 20,000. yes stupid.. no other proof.. will the taped conversations of him admitting it and his attempts to pay help in a court of law.. thank you in advance t

and, of course, no one here is the judge hearing your case (if it reaches that stage) and can make that determiniation.

Yeah, admissability is going to be up to a judge and the attorneys if it goes that far.

But, taped conversations can be used as evidence, and don't necessarily have to be done with the knowledge and consent of the other party. As long as there is no reasonable expectation of privacy, you are allowed to tape a conversation. At least that has been my experience in California.

Just so we don't get into this discussion again, New York is a one-party state. You are correct that as long as one party to the conversation gives permission to the recording it is legal.

That does NOT mean it is admissible.

California is an ALL-PARTY state that requires ALL PARTIES to the conversation be given notice and give permission for the recording to take place.

In this poster's situation, the recording would not be legal and therefore inadmissible in a California court.

Actually, in California, as I stated, if there is no reasonable expectation of privacy, then you do not have to have the consent of the party you are taping. I know this for a fact, and have seen it work just fine in court, each and every time.

Of course, this has nothing to do with the question at hand, lol.

SignorFrancesco said:

Actually, in California, as I stated, if there is no reasonable expectation of privacy, then you do not have to have the consent of the party you are taping. I know this for a fact, and have seen it work just fine in court, each and every time.

Of course, this has nothing to do with the question at hand, lol.

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Nor does it have anything to do with the law.

Before stating this posters recording is legal aren't we missing some important information from the OP? That will certainly be a factor the judge will take into consideration when deciding it's admissibility in court.

BelizeBreeze said:

Nor does it have anything to do with the law.

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Testy, testy. . .

op

First Thank you for all that have responded to my question about a taped conversation being admissable in a court in NYS... someone mentioned not having enough info about OP.. what do you mean..
Its basically his word against mine... that he owes me the money..a lthough I have several friends especially co workers that know about it.. and since I work in a bank the transactions were done there.. although in cash ,, coming from my account going to him in cash.. I know im stupid so please no one else tell me so LOL.. he does have a past criminal record.. over 10 yrs.. maybe that will help credibility.. I want to go the easiest and simplest way to go about this.. im not out to hurt anyone just get my money back.. thanks

toritone said:

First Thank you for all that have responded to my question about a taped conversation being admissable in a court in NYS... someone mentioned not having enough info about OP.. what do you mean..
Its basically his word against mine... that he owes me the money..a lthough I have several friends especially co workers that know about it.. and since I work in a bank the transactions were done there.. although in cash ,, coming from my account going to him in cash.. I know im stupid so please no one else tell me so LOL.. he does have a past criminal record.. over 10 yrs.. maybe that will help credibility.. I want to go the easiest and simplest way to go about this.. im not out to hurt anyone just get my money back.. thanks

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The ONLY option you have is to take the matter to small claims court (or depending on the amount, to a higher court). All of the 'facts' you added here make no difference since you cannot offer 'proof' that would suffice in a court.

but then, you can try. Just don't be disappointed to learn you got screwed and didn't even get dinner out of it.

so what you are basically telling me BelizeBreeze,,, is that even if he admitted on a tape recorded conversation that is owes me the money.. which is 24 grand.. no small claims correct?? that is not proof enough, and a waste of time?

toritone said:

so what you are basically telling me BelizeBreeze,,, is that even if he admitted on a tape recorded conversation that is owes me the money.. which is 24 grand.. no small claims correct?? that is not proof enough, and a waste of time?

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no, that is NOT what I am telling you. What I am telling you is that while he may have admitted it on the tape, that tape will never get into evidence because it was obtained illegally.

So, in essense, it does not exist and therefore, he never admitted he owed you the money. The best you can hope for is to file against him and see if you have a sympathic judge or he shows up drunk and admits everything.

AND STOP GIVING MEN MONEY!!!!!!!!!!!!!

but i thought in NY it is not legal if at least one party knows its being taped ... ME....

toritone said:

but i thought in NY it is not legal if at least one party knows its being taped ... ME....

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You are correct. It is NOT legal.

you wrote this previously.......


Just so we don't get into this discussion again, New York is a one-party state. You are correct that as long as one party to the conversation gives permission to the recording it is legal.