Dear Francisca, my name is XXXXX XXXXX I will be glad to assist you in any way I can,
"I have a tape confession of a person who committed a fraud with my name, but my lawyer told me it can not be used in court, because I did not tell him that I was recording our conversation. Is that true? I still do not believed it. "
Thirty-Eight (38) States permit recording a conversation with the consent of only one of the parties, while twelve (12) States have what is called, "two-party consent" laws, which require the consent of both parties to the conversation before it can be recorded. The "two-party consent" States are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington. Since recording a party without his/her consent is a criminal offense, if these laws are violated, they would not only expose you to the risk of criminal prosecution, but also would expose you to a civil lawsuit by the aggrieved party for monetary damages.
Your Attorney's information was correct and he was advising you correctly so that you do not find yourself in more trouble and could be criminally prosecuted. But, you do not have to pay off somebody else's debt. Your recourse against this person is to sue him for fraud and claim not only the $40,000 that has been placed against you, but also for all damages that you are incurring because of the $40,000 debt that he has caused to be placed against your name,
I wish I could give you the Answer you want to hear, and it would have given me great pleasure to do so, but I have an ethical obligation to you to give only correct answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your situation against me because you are rating my service to you and not if you like or agree with the law,
Please be kind enough to give a rating of "Excellent Service" because that is the only way that I will receive credit for my time and effort in researching your question and furnishing you with Answers. It will not cost you anything additional to leave a positive rating,