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He has admitted that he had a verbal aggreement to pay him. We discussed it over the phone and he also admitted to my son's girlfriend he owed the money. Like you said unless he admitts it in court. Is it illegal to record a conversation because I have it where he admitt he had a verbal aggreement.
It's not illegal to record a conversation, but the recording may or may not be allowed into court as evidence based on whether you can prove it was him on the other side of the recording admitting that he had the verbal agreement. The fact that he admitted to you and to your son's girlfriend, if you both testified to this fact, along with a recording, may be enough for the small claims court to state that there is an agreement.
In the end it would come down to whether the judge/jury found your evidence of a verbal agreement credible. If so, then you would win.
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