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FIXYOURTHINKING.COM / Need a brain? Borrow mine!





Updated: 2018-02-10T22:40:01.902-05:00

 



Since one does not grant permission, proceed with ...

2015-12-05T09:55:10.462-05:00

Since one does not grant permission, proceed with the call, say nothing. If she insists, just let her argue, don't antagonize her, don't tell her you're allowed to record. Just do. If she doesn't want to be recorded, she will hang up.



We live in Kentucky. My husband's ex-wife liv...

2015-12-05T07:38:16.224-05:00

We live in Kentucky. My husband's ex-wife lives in Kentucky. Due to threats of court and other unwelcomed harassment and threats of court action involving their jointly shared children, my husband politely advised her last weekend that he would be recording their telephone conversations henceforth. She advised him to "go ahead, I have nothing to hide". The conversation, as usual



Thanks. Perfectly clear.

2015-10-09T03:46:31.373-04:00

Thanks. Perfectly clear.



When, and only when, your life is on the line, I b...

2015-09-24T10:40:50.871-04:00

When, and only when, your life is on the line, I believe judges and juries are sympathetic to your reasonable understanding of the law and your peace.

Above all else, the constitution grants you life Liberty and the pursuit of happiness.



I live in Michigan and I understand that I need pe...

2015-09-24T06:14:44.827-04:00

I live in Michigan and I understand that I need permission to record but what if I'm being threatened by the other party? What if the life of my child is being threatened? What if I'm being told he will kill me? If I tell him I'm recording he won't say anything to get himself in trouble. I don't know what to do but I'm scared for my life.



https://www.youtube.com/watch?v=N5q8erQQEi0

2015-09-15T16:25:39.965-04:00

https://www.youtube.com/watch?v=N5q8erQQEi0



Enjoyed reading this long post as well as seeing t...

2015-09-07T11:38:45.500-04:00

Enjoyed reading this long post as well as seeing that you answer almost all the comments. That said, as a journalist in Florida, I have an audio recorder attached to my phone and use it in interviews – after getting the proper permission, of course. About once a week I get a call from a scammer or other unsavory person and I turn on my recorder right away. As soon as they take a breath, I say,



This seems to be a face to face recording and law ...

2015-08-31T16:37:56.286-04:00

This seems to be a face to face recording and law enforcement can record you at any time if doing an investigation.

You can ask the evidence be suppressed based on the law, but I'm not sure it applies.



I live in a one party state I hade a message stuck...

2015-08-31T12:43:12.370-04:00

I live in a one party state I hade a message stuck in my door when I got home from church to contact a officer so I did quickly he asked me about I bike that I had pawned 9 months ago I verified that yes it was involved in a trade with money and a trailer for a truck before I made the transaction I verified that the trailer and bike was not stolen the officer then told me the bike was reported



Whoever initiates the call must go by the statutes...

2015-08-10T19:33:23.990-04:00

Whoever initiates the call must go by the statutes of the state they call to.
You would not have to inform him either way.



Valuable information on your blog and thank you fo...

2015-08-10T16:15:12.049-04:00

Valuable information on your blog and thank you for the excellent content. My uncle lives in Florida, a two-party state. I live in New York, a one-party state. If he calls me and records the call, I now understand that he must let me know he's recording in order for the call to be legally admissible in a court of law. What I'm confused about with regards to this same phone call, would I



You may only do so IF you are the legal guardian o...

2015-08-07T11:34:44.312-04:00

You may only do so IF you are the legal guardian or you obtain permission Social services.



I am wondering if you have knowledge about recordi...

2015-08-06T23:50:48.612-04:00

I am wondering if you have knowledge about recording a my niece who is 6 without her mother (my sister) knowing. I have had a feeling for a long time that my sister is mentally and slightly physically abusive. My niece means the world to me so I asked her to be honest and started a voice recording. For an hour she gave me all sorts of horrible details. I would like to use this recording to



You would never be able to use the recordings lega...

2015-07-25T11:27:07.798-04:00

You would never be able to use the recordings legally if you don't tell them but I would tell everyone involved you are recording them. That way, you may instill a little bit of trepidation.

Just remember, if you do not follow the laws, you cannot use the recordings or even reference them UNLESS the defendant references them.




I have read your entire article. I have a unique s...

2015-07-24T23:58:12.351-04:00

I have read your entire article. I have a unique situation and I don't think it will end up in a courtroom but you never know. In a nut shell, truly, this is the situation. I am care taking my 90 year old mother who has Dementia/Alzheimer's since September of 2014. I have been involved with her care since 2011 and with my step-father who passed away in 2014. In my folks legal documents



Thank you so very much! I really appreciate your t...

2015-07-16T07:50:12.339-04:00

Thank you so very much! I really appreciate your taking the time to answer. I will tell my brother to transcribe the recording and file it with a Notice explaining the reasons you gave me. Very grateful for your help! :)



Yes, again ... I think you can claim two things ....

2015-07-16T04:23:12.255-04:00

Yes, again ...

I think you can claim two things ...

1) ignorance as a pro se

2) importance as a pro se

An attorney couldn't claim either privilege



Well, there is no actual transcript that we know o...

2015-07-15T13:53:17.281-04:00

Well, there is no actual transcript that we know of (meaning, done by a court reporter), except for my brother's own recording. I don't know if the Court or the Judge would record his phone hearings from his chambers…that would be the only other possibility.

My brother doesn't really mind that they had a court reporter that no one knew about record the second phone hearing.



As a pro se litigant ... File a subpoena for the ...

2015-07-15T12:50:52.218-04:00

As a pro se litigant ...

File a subpoena for the transcript of the phone call. You CAN compare it to what was actually said if it differs dramatically.

If I'm getting you straight, you are trying to catch them on a technicality to help your case.

There's not a lot of case law regarding enforcement of the two party statute in Florida.

Being Pro



Give me 24 hours to digest Florida Pro Se question...

2015-07-12T20:13:53.808-04:00

Give me 24 hours to digest Florida Pro Se question. Thanks



Hi, First of all thank you for such detailed and ...

2015-07-12T12:39:37.015-04:00

Hi,
First of all thank you for such detailed and informative compilation. My question is this. My brother is involved as a pro se litigant against a corporation. Both are in Florida. The parties had a hearing that was done over the phone. The defendants' lawyers were in their offices and my brother was a at home. My brother recorded the phone hearing but did not announce that he would



No, sorry. California is a strict two party state....

2015-06-30T15:16:22.186-04:00

No, sorry. California is a strict two party state. The California resident MUST answer to the question (or similar) "Yes, I'm aware that I'm being recorded." Then you must also have auditory beeps to remind them. Recording a conversation for a California resident may require you to have a specific telephone conversation recording device or online service.



I have been going through a very long divorce (sin...

2015-06-30T15:05:49.896-04:00

I have been going through a very long divorce (since 2009). My soon to be ex wife (hopefully ) has done a host of things to keep me from my 2 sons. She was successful in getting only a temporary restraining order but has since been lifted 2 years ago. This was for harassing her via phone. I admitted wrong doing and attended classes and had my stint with supervised visitation. I hadn't talked



There are NUMEROUS errors on their website. Burned...

2015-04-24T23:03:32.015-04:00

There are NUMEROUS errors on their website. Burned twice, i.e., bait and switch. Upon receiving the orders,...surprise, surprise... Absolutely no sense of apology whatsover, just "send it back". You are at your own risk ordering from them. Their "sales engineers" simply go by the same mis-information. Buyer beware. They USED to be a reliable vendor for me, but after reading



You have two issues ... 1) Going by the rules of ...

2015-03-30T03:48:57.353-04:00

You have two issues ...

1) Going by the rules of the state you are calling to ...

2) going by the rules of the recording laws in which your case will be heard

You must follow both.

You must have a device (cell phone may or may not be enough) that time stamps the conversation.

In court, you'd have to prove A) you called them or they