How to demand the opposite party (a big insurance company) to preserve your telephonic voice message to them?

Any way to enforce them do this? It happened within a month.

Pasadena, CA -

Attorney Answers (3)

Michael Raymond Daymude

Michael Raymond Daymude

Litigation Lawyer - Sherman Oaks, CA

Send them a letter. However, it is suggested that you communicate via letter so that there is no dispute as to the contents and you have a copy which you can authenticate yourself. Anyway to enforce it -- not if it has already been erased.

I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
Adrienne Patricia Allen

Adrienne Patricia Allen

Mediation Attorney - Grass Valley, CA

I agree. I will just add that you should send the letter by certified mail, return-receipt requested so you can prove they received and the date they received it. Unfortunately, for those less than ethical, there is no real way to enforce it or prove when it was destroyed.

I am licensed in California only and my answers on Avvo assume California law. The above answer is for general... more
Lori Jeanne Costanzo

Lori Jeanne Costanzo

Litigation Lawyer - San Jose, CA

Because you used the term, "party" I assume this matter is in litigation. Therefore, you should make a production of document request to include electronic information such as emails, voice mails, etc. Demand that the information be produced either electronically or put on a disc.

This is my opinion and should not be construed as legal advise for your specific case as there are many more facts... more

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