Is this legally possible?

Question

A guy accused me of contacting an harassing one of his friends. I told him I did not. It is impossible to find out her number for several reasons. 1. I don't know her last name. 2. I don't know where she lives. 3. I have no personal information about her whatsoever. Now he is saying that he is going to sue me for harassment if his attorney finds out it was me. I didn't do anything and I am wondering if he really can do this. Can he have the police track my phone records?

Answer 1

He can't sue you or charge you with harassment if he is not the victim.  If the victim can show it was you, the victim can.  If the police have probable cause that it was you, then the victim (not the guy) can contact the police and the police can get a warrant for your phone records.

Answer 2

i agree with the last onw, they must prove that it is YOU. by that they need physical proof not hear say. and the victim  must report it!

Answer 3

The police can track records as part of a criminal case - but he would not have access to their evidence.  It;s your word that you don't know how to get to this person (that the purported victimn isn't coming forward speaks volumes).

If this is a civil case, he can't as easily get the records - he would ahve to make out some factual basis for bringing a claim, which would require he show how you could have gotten contact info (not knowing last name or address doesn't dispose of that issue; email addresses, cell numbers, work address and contact info, etc).  And certainly you wouldn't need that info to get her home number (stalkers do this all the time - they're very good detectives in that respect).  

In your favor is that the law does not allow lawsuits based on thin info to become the basis for a "fishing expedition".  

Answer 4

Best advice I can give is DO NOT talk to him anymore.  Be polite, but just hang up. The same goes with the police. Be polite but decline to comment.  You do not have to tell them anything.  Just ask for an attorney if they question you about anything at all.

Remember anything you say WILL WILL be use against you.

Watch this professors video.  It's VERY interesting and educational.

Answer 5

He would first have to file a police report then if the allegations are true you would be arrested then if you are found guilty he could sue you in civil court. If the police think there is probable cause, they will ask the phone company for your phone records to proceed. Your friend sounds like a bulls*t.  

Answer 6

the person recieving the calls can have the phone company put a "trap" on their line. they will pull up the incomming call records for a specific period of time. if your number doesn't show up, don't worry about it. they cannot convict you on hearsay.