QUESTION
Can a confession via www.bbb.org be used in a court of law?
Asked on May 30th, 2014 on Civil Litigation - Georgia
More details to this question:
I had a company do some roof work for me and in the process of doing said work they shot a nail in my freon lineset. The entire line had to be replaced and the freon canister had to be refilled which wasn't cheap. The owner of the company is refusing to reimburse what I paid to get it fixed. This company is a member of the better business bureau so I filed a complaint to try and settle it without going to court. In his last rebuttal statement the owner of the company admits that his employers shot a nail in my freon lineset. In fact he says that "it happens all the time". Can this be used against him when I take him before magistrate court? I also have two pictures and the piece of the pipe that was struck by the nail. If it's of any relevance I will also note that the company did try to work something out with me but this was after I had the items repaired. So the only thing they can do now is repay me which they are refusing to do.
1 ANSWER
In general, statements made by a party are not considered hearsay (or are exceptions to the hearsay rule) and can be used by the opposing party as evidence. Also, even if the statement was considered hearsay, it would only be barred if used to prove the truth of the matter asserted, it could still be used as a prior inconsistent statement if the owner testified that his workers had not damaged the freon canister, or that he didn't know how the canister was damaged.
Although sometimes proceedings before administrative agencies are considered privileged, and can't be used in later proceedings, the BBB is a private organization, not a governmental agency, so (although I am not specifically familiar with Georgia law) I don't think any privilege would attach. In sum, I think you should be able to use the statement.
Answered on May 30th, 2014 at 12:14 PM