spunk999 Posted March 23, 2011 Report Share Posted March 23, 2011 (edited) I filed a federal suit where I am suing an OC for FCRA violations, and I have a whole different suit where I am suing another OC for different violations. The lawyers are representing both defendants in the lawsuits that I have filed. I received a copy of a subpeona duces tecum where they requested the CRA for the last 3 years of my credit report. It seemed odd that they can get that without an order or anything - and it appears that they mixed up the case numbers and the request so they are using the case numbers from my local small claims suit and requesting discovery on the federal one using the name of one OC in the request and the case numbers and case information of the other suit on the same order.The federal suit paperwork I received said that no discovery is supposed to take place until after the preliminary hearing so if they were trying to discover on the federal suit, they are not supposed to request it I don't think.They can do this without an order from a judge? And how do I find out what they were sent and if the request was fulfilled? Do I have any actions I can make since the request seems to be asking for irrelevant items to the case that was referenced? Do you think the CRA will catch that the case information and information requested do not relate to one another and will they just hand over my reports without an actual order? Edited March 23, 2011 by spunk999 Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 24, 2011 Report Share Posted March 24, 2011 They can do this without an order from a judge? Yes. Attorneys are considered "officers of the Court" and they have subpoena power. A subpoena from an attorney in most places (in NY at least) is almost as strong as a judges order. The person who receives the subpoena can be held in contempt for failing to comply with it. Link to comment Share on other sites More sharing options...
spunk999 Posted March 24, 2011 Author Report Share Posted March 24, 2011 ok - understood on that ... what about the incorrect elements of the document - does that matter? Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 24, 2011 Report Share Posted March 24, 2011 I'm not sure, I don't think simply having the wrong index number on the subpoena makes it invalid. Link to comment Share on other sites More sharing options...
spunk999 Posted March 24, 2011 Author Report Share Posted March 24, 2011 It is the wrong court case number, the wrong defendant, and in the cover letter, it is stating that the attorney is representing the wrong defendant ... so it basically makes the whole document not make sense, but since I am the plaintiff in both cases, I see what they did - they mixed 2 cases up.Kind of scary if that is ok to do ... Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 24, 2011 Report Share Posted March 24, 2011 Oh you mean like they were just most likely using a template of some sort and made the error of not changing to details to match with the case? Yeah, that can happen. Does it make the subpoena a nullity - that is a good question. I honestly do not know. Usually these errors are caught rather quickly and they can just amend or serve another subpoena. If it were me I would send the attorney a letter basically stating hey moron, do you see what you did here? Link to comment Share on other sites More sharing options...
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