makia1212

Cap One used discusssions from this forum in court

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yes, there is a way it gets in.

hearsay can ALWAYS be used to impeach.

further, as an admission against interest, an exception to the hearsay rule, this gets in.

do you not realize how many, many exceptions there are to the hearsay rule.

plus there is no record in small claims court ... so sure, lots of things happen there that will NOT happen in a court where a court reporter is present and you may appeal from the record.

Remember: the Fifth Amendment protection is not used in Civil Cases but only in criminal cases. You plead the Fifth in a civil case and you will be laughed out of court by the Judge and opposing counsel.

The Fifth Amendment protection is for self incrimination regarding a CRIME. It does not protect someone from not knowing the law and saying and doing dumb things ... like posting here and believing it is private or posting here and WISHING the Fifth Amendment applied in a case like this. IT DOES NOT. Plain and Simple.

Savoring with delight a facial expression ... give me a break. the only thing you will be doing is wiping egg off your face. The judge will think you are an idiot and opposing counsel will eat your lunch.

Evidence 101 ---

the 5th Amendment is available in Civil actions, but only against self incrimination for criminal acts, and there can be consequences. See www.nldhlaw.com/CM/Articles/RTH%20JKF%20Article.pdf

:)

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While most, I presume, are aware of the Fifth Amendment's absolute protection against self-incrimination in criminal cases, such protection exists against self-incrimination in civil cases too!

I've seen people spend several days in jail for believing this. It is quite wrong. In civil cases a judge can compel you to answer and if you refuse or try this 5th amendment "advice" the judge can lock you up for contempt.

The only place taking the 5th applies in a civil case is if answering would cause you to admit to a crime.

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refusing to answer in a civil case provides the judge the opportunity to hold you in civil contempt.

like i said in my post ... the fifth amendment protects you from incriminating yourself from criminal actions ... not from dumb actions.

so far, being dumb is not a crime.

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