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

Pasadena, CA |

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

Attorney Answers 3


  1. 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.

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  2. 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 information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  3. 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 which you have not provided.

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