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Tape Recording allowed in court?

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goincrayzee

Junior Member
What is the name of your state? Florida

HELP! AGAIN...

I posted last week regarding a promissory note and a shed on my property. Several things have occured since my last post and I will try to keep this brief and not repeat all the details.

My original "promissory note" post explains in further detail. Here's a summary

I have drafted and am prepared to send a certified letter to the person that feels she has legal right to remove the shed from my property. I believe, as a homeowner, I have a right to have this matter resolved in court to protect my rights.

We have tried, to no avail, to repay her for the amount we were to pay for the shed. We were under the impression that she had moved and didn't know where to send payment. We wrote her a check, and handed it to her in person in November, to pay for our first payment due in January, but she never cashed the check. We have since received a certified letter stating that we owe her over twice the amount of the value of the shed (late fees and interest accrued), payable in full or in APPROXIMATELY 30 days she is removing the structure from our property.

sidenote... the shed is a very large storage building that can not be disassembled but removed by a truck. (possible damge to my lawn, vegetation, fence, etc.)

I have called her several times since receiving the letter from her offering to pay her what we owe her on the shed, to date, and to send her twice the amount per month than originally agreed to. During one of our conversations she said she would think about it and get back to me. It has been 5 days. I left several voice mails with her since then. She has not returned any of my calls.

In the letter I've drafted (but not yet sent), I requested that she not trespass on my property to remove the shed and that she should pursue the matter in small claims court to do so. Without going into too much detail and repeating my previous post... we had several "verbal" agreements with this person that were different from the written agreement we made when we purchased the home (the agreement on the promissory note)
We tried to contact her, sent her a check that she never cashed, and it has been nearly a year since the original promissory note was signed.

We signed a promissory note with her dated June, 2004 stating "if we should become 60 days in arrears, "she" could remove the shed without fear of trespassing."

The "shed owner" is NOT willing to work with us in trying to repay her for the structure on our property. During all of our phone conversations, she claims she can use her rights according to the Promissory note to remove the shed.

My question is this...... Isn't the Promissory note null and void as it was dated June 2004 with the above statement regarding removal of the shed in 60 days? I feel it is because she is basing everything on the "written" agreement and not the verbal agreements we had following that. She NEVER acted on the written agreement, otherwise she should have taken action within the 60 days. According to the promissory note, she should have removed the shed in September. DOES this make the note null and void?

Also, I spoke with the "shed owner" on the telephone this week. I put her on speaker phone and recorded the phone call on a cassette player. Should she choose to take me to small claims court, can I use this tape in court? On the tape, she admits every verbal agreement we have had since the written agreement last year. She actually states, on the recording, that I should wish myself luck proving our verbal agreements.. "you don't have that in writing." PLEASE tell me I can use this kind of recording in court!!!

I might add that all the verbal agreements we made together were while her and her family were at my house for dinner/get-togethers. She also cops to that on the tape I have admitting that they had a wonderful time at our house and that she felt bad for our situation. She clearly admits on tape, our verbal agreement.

It's a shame it has to come to this. I've tried very hard to resolve this matter with her without involving the courts. I do however, have to protect myself as a homeowner. And.. I do have rights.

Thanks much for all your help! I appreciate it sooooo much! These boards and all of you that participate are great.

Regards,
Sandy
 


goincrayzee

Junior Member
I apologize JetX

Sorry I didn't keep my post brief. I guess I don't deserve a response to my question. I'll try not to repeat myself and keep it brief. I guess I don't deserve a response. I guess I don't deserve a response.
 

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