Biddybaby Posted October 11, 2004 Report Share Posted October 11, 2004 Hi all,This is mostly for the board lawyers but if anyone can help, I'd be most appreciative.I sued a CA for FDCPA and FCRA no-nos and now I need to get the "official" records from Experian regarding me and the CA. I have a copy of my report but felt it best to get Experian's actual records.What's the best way to do this...a subpoena to EX?Thanks Link to comment Share on other sites More sharing options...
admin Posted October 11, 2004 Report Share Posted October 11, 2004 If you're already involved in a lawsuit, then I suggest doing a "production of documents" request, a form of discovery. This will ask for the list of documents that Experian has which they plan to use in court and also a copy of them. Link to comment Share on other sites More sharing options...
Biddybaby Posted October 11, 2004 Author Report Share Posted October 11, 2004 If you're already involved in a lawsuit, then I suggest doing a "production of documents" request, a form of discovery. This will ask for the list of documents that Experian has which they plan to use in court and also a copy of them.Experian is not a party in this suit, so I couldn't send them a Request for Production of Documents. I've sent discovery to the CA but want Experians records to back up my position. Link to comment Share on other sites More sharing options...
anti-something Posted October 11, 2004 Report Share Posted October 11, 2004 isnt there a supeona duces tecum or something (ok, i know i screwed up the name) that compels a party who is not a party to the suit to produce documents and tangibles that are needed for evidence??from the law dictionarysubpena duces tecum: (suh-pea-nah dooh-chess-take-uhm or dooh-kess-take-uhm): a court order requiring a witness to bring documents in the possession or under the control of the witness to a certain place at a certain time. This subpena must be served personally on the person subpenaed. It is the common way to obtain potentially useful evidence, such as documents and business records, in the possession of a third party. A subpena duces tecum must specify the documents or types of documents (e.g. "profit and loss statements of ABC Corporation for years 1987 through 1995, all correspondence in regard to the contract between ABC Corporation and Merritt") or it will be subject to an objection that the request is "too broad and burdensome." To obtain documents from the opposing party, a "Request for Production of Documents" is more commonly used. Failure to respond to a subpena duces tecum may subject the party served with the subpena to punishment for contempt of court for disobeying a court order. Link to comment Share on other sites More sharing options...
Biddybaby Posted October 11, 2004 Author Report Share Posted October 11, 2004 Thanks anti,But doesn't a subpoena duces tecum require a person to appear with the requested documentation. I really only want the docs from Experian. Link to comment Share on other sites More sharing options...
anti-something Posted October 11, 2004 Report Share Posted October 11, 2004 i'm pretty sure you can just request that they post them to you within a certain time period.check with the court to see the requirements. Link to comment Share on other sites More sharing options...
calawyer Posted October 11, 2004 Report Share Posted October 11, 2004 But doesn't a subpoena duces tecum require a person to appear with the requested documentation. I really only want the docs from Experian.Truth be known, you really want both. You want the documents to show whatever point you need to establish (ie CA pulled your credit report). You want testimony to show that the documents are authentic records of Ex and do not contain hearsay or they fall under an exception to the hearsay rule. Link to comment Share on other sites More sharing options...
gdouglaslee Posted October 16, 2004 Report Share Posted October 16, 2004 If EX does not have an office in your state and they do not have a registered agent, you want to dismiss and refile in federal. You may also look into amending your complaint to include them as a defendant for violations of the FCRA. EX will not cooperate with you and will do everything they can to not produce documents. The will file a motion to quash your subpoena and fight you every step of the way. The other CRAs have similar attitudes. Even at the federal level they pose a lot of problems. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted October 17, 2004 Report Share Posted October 17, 2004 You can ask teh defendants for copies of their coorespondence with EX through a document remand. Or you can subpoena teh documents from EX. Because they are an out of state non-party, you will likely need a court order or court issued subpoena Link to comment Share on other sites More sharing options...
Biddybaby Posted October 17, 2004 Author Report Share Posted October 17, 2004 I sent the defendant req. for docs discovery asking for all correspondence, information reported to and from Experian, contracts, etc. back on Sept 2. Never received their responses back. I guess I need to file a motion to compel. Link to comment Share on other sites More sharing options...
Biddybaby Posted October 17, 2004 Author Report Share Posted October 17, 2004 If EX does not have an office in your state and they do not have a registered agent, you want to dismiss and refile in federal. You may also look into amending your complaint to include them as a defendant for violations of the FCRA. EX will not cooperate with you and will do everything they can to not produce documents. The will file a motion to quash your subpoena and fight you every step of the way. The other CRAs have similar attitudes. Even at the federal level they pose a lot of problems.I've thought about removing it to federal anyway and adding them as a defendant. Link to comment Share on other sites More sharing options...
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