need proof of phone ownership

[markmiller]

I am a defendant in a suit, In defending my suit I need to be able to prove that a phone number in my phone records (which I will provide as evidence) is in fact the plaintiffs. Upon presenting the phone records and proof that the phone number is in fact the plaintiffs I will win the case, no doubt.

There are two numbers that are the plaintiffs, one the plaintiff listed as the contact number on the summons, so obviously I don't have to prove that one, However the phone number that is not listed on the court documents (that I must get proof of) is the most important calls that were made.

I am pretty much assuming if I don't have proof, and when I give the phone records as evidence the plaintiff will just deny the phone number is theirs. That would be one one less thing supporting my case.

Getting to my question. In my state, it is a two party consent state as far as recording phone conversations, so I cant have someone call and record the conversation to prove that it is the plaintiffs number. However would it be legal to call, and record the voicemail message? because it obviously says the plaintiffs name and would be proof there. And it wouldn't actually be recording a phone conversation.

Also, I read somewhere also that if the call is placed from federal land, or an Indian reservation, then it falls under federal ruling, which is a one party consent law and then the conversation can be recorded. Has anyone heard of this working, and standing up in court?

any more suggestions?

I am considering ordering the reverse cell phone lookup which will cost me a little money, but not quite sure but there is a possibility that the number may be in his girlfriends name. so if thats the case, he could deni knowing the girlfriend, and deni knowing anything about the phone number.

what is comes down to is this is a frivolous case, and the plaintiff is trying to get some free money, plain and simple.

 

[army judge]

You will have to prove that the phone line belongs (or belonged) to the plaintiff.

You can request a subpoena through the court of the phone records.

Before you do that, a reverse look up is your best bet.

Before you spend a few quid to get name and address of the caller, try your telephone provider.

Some providers will allow you to search the number using their (your provider's) website.

Other providers direct you to call customer service, ask for what you wish and tell you what you want to know. Some charge a small fee, others give it to you for free. If you tell them it is pursuant to a lawsuit, they will advise you how best to proceed.

Its better to spend a few quid to determine who owned (or owns) the number, before attempting to subpoena the phone records.

If this is a small claims case, it might not even be possible for the court to order the phone company to produce the records.

As far as recording the voice mail message, I don't think that will be probative.

Why?

Because, how can your prove that a message that says "Joe Brown", is your "Joe Brown"?

You can't, and you could get into deep poo-poo, so don't try it.