one party consent states, do I need permission?

[mikeyv]

Jurisdiction

New Jersey

Don't want to get too much into details, but I'm asked to provided bank statements of a bank account I closed many years ago. I'm in NJ (one party consent state).

I called the bank and gave the account number but they told me no account was found. I gave them my Social Security Number and they found me (confirmed my name) but said they didn't find any bank accounts. I asked them to email me this info but they said they aren't in that position to email statements/declarations. I asked if I could record them saying they don't have the bank records and she/he (called few times) said they have to disconnect the call and they don't consent (typical rule for most companies).

-Bank is mostly in AZ (also one party consent state) and that area so I'm not near them to go into a branch. Call center seems like it's in AZ (the ones that answered when I asked what state they he/she is in), one said CO (also one party consent state)
-Bank doesn't communicate in emails.
-You can send them a secure message if you login online - but I don't have an login or an active account bank account to register with
-It's a small issue so I don't want to hire an attorney to contact the bank's legal team for a statement etc.

Judge will ask me why I didn't provide the statements and I plan on recording the calls and the bank saying the accounts are not found so there are no statements. Is this OK?

 

[welkin]

Judge will ask me why I didn't provide the statements and I plan on recording the calls and the bank saying the accounts are not found so there are no statements. Is this OK?

Well if you don't have the records and the bank doesn't have the records that's all you need to tell the judge. Why do you need a recording?

How long ago did you close the accounts?

 

[Tax Counsel]

Judge will ask me why I didn't provide the statements and I plan on recording the calls and the bank saying the accounts are not found so there are no statements. Is this OK?

You likely may make the recording without violating the federal wiretap law as long as you are a party to the conversation. You need to be sure of where the other person you are talking to is located before you'll know if you can make the recording without violating the applicable state. Just saying that the call center "seems" to be in AZ is taking a risk that it might actually be located in a state where you need consent to get the recording.

But here's the problem: even if you can get the recording made legally, it's generally not admissible as evidence in court anyway because it is hearsay. Hearsay is an out of court statement that you seek to introduce to prove the matter asserted. Here the conversation you seek to use is an out of court statement in which the bank rep says he/she can't find an account for you, which is the very thing you are seeking to prove. It thus fits the definition of hearsay and in general hearsay is not allowed. The rules of evidence for each jurisdiction have certain kinds of hearsay statements that are nevertheless admissible but unless NJ has some unusual exception this would not be among them.

 

[flyingron]

Did you try making the request in writing?