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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16720
Experience:  Experienced Licensed Attorney
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I have an acquaintance that is currently incarcerated. He

Customer Question

I have an acquaintance that is currently incarcerated. He gave a friend $9000 to keep for him in case he needed it while in jail. Now the friend is not a friend and is not giving the money back. He spoke with the person on the recorded line at the jail and she admitted to owing him the money. Now he wants to take legal action to get the money back. Is this even feasible?
Submitted: 1 year ago.
Category: Legal
Expert:  Alex J. Esq. replied 1 year ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

What is your friend incarcerated for?

Were the money given to this friend in cash?

Is there any evidence that you friend has that this former friend is holding the money, aside from the recorded conversation which is generally cannot be obtained?

Customer: replied 1 year ago.
He is in for probation violation, positive drug screen. I think the money was in the form of a check and no other evidence.
Customer: replied 1 year ago.
the recorded line cannot be subpeonaed?
Expert:  Alex J. Esq. replied 1 year ago.

Thank you for your follow up.

Generally, most recorded phone conversations are not stored by jail for an extended period of time and even if they are, it could be difficult to subpoena and obtain such records, which also will have to be transcribed and such verbal admission over the phone, might not be enough to prove that the person was holding the money in trust for another person.

Generally, a copy of a cashed check would be better evidence of the money being given to the former friend and a lawsuit could be filed by the inmate or his / her attorney in the local court in attempt to recover money given to be held in trust by this former friend, who is now refusing to return the money.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 1 year ago.
Expert:  Alex J. Esq. replied 1 year ago.