Having my phone call witnessed?

[spflanze]

Party A contracted with Party B to perform a service. Party B failed to perform said service and Party A now wants a refund. I don't think there is more to this than a contract dispute.

It is evident to me now the swindler never intended to repair the car. This is felony level theft.
By your logic no witness would be useful in any legal proceeding.

 

[quincy]

Report what you know to the police and let them investigate.

 

[Zigner]

Read the rules of hearsay.
Quit talking and sue, if that's what you want to do.

 

[spflanze]

Report what you know to the police and let them investigate.

I called the Harbor Community Police Station about it during their business hours last August 17th. I got voicemail, and its mailbox was full. So on that day I sent a letter there. I have yet to hear from them. Enough time has passed that it seems I am not going to. It seems to me they are too busy to deal with a case such as mine.

This is the place I intend to report it.
https://www.bar.ca.gov/
I need to decide whether to do this witnessed call before I file the complaint or after. I am concerned that if the BAR calls him the swindler will be more likely to be on his guard during any call I make to him later.

 

[Zigner]

I called the Harbor Community Police Station about it during their business hours last August 17th. I got voicemail, and its mailbox was full. So on that day I sent a letter there. I have yet to hear from them. Enough time has passed that it seems I am not going to. It seems to me they are too busy to deal with a case such as mine.

This is the place I intend to report it.
https://www.bar.ca.gov/
I need to decide whether to do this witnessed call before I file the complaint or after. I am concerned that if the BAR calls him the swindler will be more likely to be on his guard during any call I make to him later.

Poop or get off the potty - really.

 

[spflanze]

Read the rules of hearsay.
Quit talking and sue, if that's what you want to do.

“Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1200.

What I will have is a direct statement from the call's actual witness. Not a statement "other than by witness".

 

[Zigner]

“Hearsay evidence” is evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated.
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID&sectionNum=1200.

What I will have is a direct statement from the call's actual witness. Not a statement "other than by witness".

You are misinterpreting what you are reading.

Best of luck to you

 

[quincy]

I called the Harbor Community Police Station about it during their business hours last August 17th. I got voicemail, and its mailbox was full. So on that day I sent a letter there. I have yet to hear from them. Enough time has passed that it seems I am not going to. It seems to me they are too busy to deal with a case such as mine.

This is the place I intend to report it.
https://www.bar.ca.gov/
I need to decide whether to do this witnessed call before I file the complaint or after. I am concerned that if the BAR calls him the swindler will be more likely to be on his guard during any call I make to him later.

I see no reason for you to record any call or have any call witnessed. And I have no idea why you think the State Bar will be of help unless you are looking for an attorney to assist you with your small claims action.

Good luck.

 

[Zigner]

In this case, "BAR" = Bureau of Automotive Repair. It would be an appropriate place to file a complaint.

 

[quincy]

Ahhh. My mistake. I didn't reread the thread or click the link. The Bureau of Automotive Repair that xylene mentioned earlier would be a good place to file a complaint. Sorry for my previous post.

 

[Just Blue]

Ahhh. My mistake. I didn't reread the thread or click the link. The Bureau of Automotive Repair that xylene mentioned earlier would be a good place to file a complaint. Sorry for my previous post.

I thought the same thing...

 

[quincy]

I thought the same thing...

Glad to hear I was not alone.

 

[Just Blue]

Glad to hear I was not alone.

I'm in good company.

 

[spflanze]

You are misinterpreting what you are reading.

Best of luck to you

Then give me your analysis of what those words say. I have given mine.

 

[spflanze]

Poop or get off the potty - really.

I am working make my next move as informed as possible before I do it, and I wlll decide when I will do it. Comments such as this are not helpful to me now, and unprofessional language such as this reduces your credibility in my eyes.