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Subpeona evidence in small claims?


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I am highly considering taking a CA to small claims court as we made a verbal agreement for them NOT to report negative information to the CRAs in exchange for me setting up a payment plan and paying off a debt(rookie mistake, I know). However, the debt collector notified me each time we spoke that the calls were being recorded. Can you subpeona evidence like this (the recorded calls) when you sue in small claims court?

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Alot of states dont have formal discovery in small claims, but there is usually something in the rules about, "at the descretion of the court", so it cant hurt to ASK the judge handling the trial to allow and even ISSUE the subpeona. You still have to write it up, but he'll sign it.

Otherwise, you make a motion to order a subpeona, stating the reasons, the source and what you seek. A judge then issues an order. SOme states allow clerks to issue subpeona's, but its best to get a judges signature. Also, none of the CRA's will recognize a subpeona that does NOT have a judges signature. So for CRA records, get it ordered by a judge.

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