Author Topic: How to object a subpoena to produce documents ?  (Read 2691 times)

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bena

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How to object a subpoena to produce documents ?
« on: April 12, 2008 04:33:56 PM »
I received a Notice in lieu of subponea to compel attendance before the court as Witness and to produce documents from plaintiff's attorney which requests I bring to trial these documents:
1-Records of Payments made to the account
2-Statements of account
3-Disclosure statement
4-Original contract
5-Account application

The funny thing is he is asking me the same documents as I have  requested in discovery for months and I have got nothing.

Should I object all of them with a general objection ?

Defendant objects as Plaintiff's request for documents 1 to 5 is unduly burdensome to the extent it seeks documents or records that are that are not within the current knowledge, possession, custody or control of the Defendant, more readily or accessible to Plaintiff from Plaintiff's own files, from documents or information already in Plaintiff's possession.Defendant has no recollection of this specific credit card or account, and has not retained any documents from her old credit card accounts. Defendant has sought documents relating to the subject account from plaintiff in discovery and no documents are forth coming.

Any input should be appreciated.

Here is the reference to the Civil Code Procedure:

http://law.onecle.com/california/civil-procedure/1987.html
{B} In the case of the production of a party to the record of any civil action or proceeding or of a person for whose immediate benefit an action or proceeding is prosecuted or defended or of anyone who is an officer, director, or managing agent of any such party or person, the service of a subpoena upon any such witness is not required if written notice requesting the witness to attend before a court, or at a trial of an issue therein, with the time and place thereof, is served upon the attorney of that party or person. The notice shall be served at least 10 days before the time required for attendance unless the court prescribes a shorter time. If entitled thereto, the witness, upon demand, shall be paid witness fees and mileage before being required to testify. The giving of the notice shall have the same effect as service of a subpoena on the witness, and the parties shall have those rights and the court may make those orders, including the imposition of sanctions, as in the case of a subpoena for attendance before the court.

{C} If the notice specified in subdivision {B} is served at least 20 days before the time required for attendance, or within any shorter period of time as the court may order, it may include a request that the party or person bring with him or her books, documents or other things. The notice shall state the exact materials or things desired and that the party or person has them in his or her possession or under his or her control. Within five days thereafter, or any other time period as the court may allow, the party or person of whom the request is made may serve written objections to the request or any part thereof, with a statement of grounds. Thereafter, upon noticed motion of the requesting party, accompanied by a showing of good cause and of materiality of the items to the issues, the court may order production of items to which objection was made, unless the objecting party or person establishes good cause for nonproduction or production under limitations or conditions. The procedure of this subdivision is alternative to the procedure provided by Sections 1985 and 1987.5 in the cases herein provided for, and no subpoena duces tecum shall be required.

« Last Edit: April 12, 2008 05:31:54 PM by bena »

scubamate

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Re: How to object a subpoena to produce documents ?
« Reply #1 on: April 12, 2008 05:20:27 PM »
If you don't have the documents, you can't produce them.

It appears that they are trying to get you to build their case because they may not have one.

And yes, I'd submit an objection to CYA.

I'm not a lawyer or collector..I just enjoy the company here.

bena

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Re: How to object a subpoena to produce documents ?
« Reply #2 on: April 14, 2008 05:53:46 AM »

Hello, anyone? Help me a hint  :'(

ghost

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Re: How to object a subpoena to produce documents ?
« Reply #3 on: April 14, 2008 07:56:58 AM »
You can generally object to things if they are overly burdensome, irrelevant, overly duplicative, etc...

Also, as stated, if you don't have the stuff, you can't produce it.

1.  I don't maintain a record of payments made to this account.

2. Object, vague, ambiguous, unsure of what status you refer to.

3. Object, vague, ambiguous, disclosure statement of what?

4. I don't maintain the documents related to this account. Your client should have the original contract.

5. I don't maintain the documents related to this account. Your client should have the original application.
Lets do this

Rottweiler

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Re: How to object a subpoena to produce documents ?
« Reply #4 on: April 16, 2008 04:26:02 AM »
How nice...they served you a notice of a subpoena duces tecum (witness ordered to show up at court with requested documents).

You can try to get the subpoena (it is one even if the notice acts in lieu of formal service) quashed or otherwise rescinded; file a motion to do that now. 

If this fails?  Just show up to court on the appointed date with the documents you have that fit the description in the subpoena.  If you have them; it's not required that you go out of your way to try to get them if you don't have them.

DON'T try to "blow off" this subpoena nor refuse to produce what you have if you have it.  Refusal to cooperate could get you jailed as being in contempt of court.

BTW:  It's unlikely a judge would see the production of those particular requested documents as "overly burdensome" or "unreasonable" since they all would serve to establish the existence of the debt and act as proof of the contract thereof.
« Last Edit: April 16, 2008 04:30:53 AM by Rottweiler »
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dls7406

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Re: How to object a subpoena to produce documents ?
« Reply #5 on: April 16, 2008 05:14:27 AM »
You stated that you were unfamiliar with this account. If it is one you don't know about, ie. not yours, just show up on the required day and tell the judge;

1. Please excuse my ignorance in the proper procedures and language. I am not an attorney, nor could I affordone to represent me in this matter.

2. I have none of the requested documents and furthermore don't recall opening this account.

3. I thing the plaintiff is pursuing action against the wrong party.

4. I am curious why the plaintiff is asking me for documents that he should have, or be able to produce if I was the right party.

5. I ask the court to dismiss the claim against me due to the fact that the plaintiff can't produce documentation proving that I was ever obligated to pay anything to his client.

Sound like an abused idiot that is apologetic for being such, and is politely trying to get through this the best you can. Don't attack the plaintiff, but point out his shortcomings.

Rottweiler

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Re: How to object a subpoena to produce documents ?
« Reply #6 on: April 16, 2008 08:58:37 PM »
dls:

The OP has to be careful here, since this IS a subpoena to be a witness at court--not a mere demand for documents--and therefore any answer that could be considered to be evasive or false could end up getting her in real trouble, including charges of perjury.  Not a desirable outcome.

Now...

Defendant has no recollection of this specific credit card or account, and has not retained any documents from her old credit card accounts.

Do you really NOT remember this account or the possibility of having had it? 

The opposing attorney may well argue that this particular objection is inconsistent since you do admit you had some credit card accounts.  Therefore, it will be argued you are simply trying to avoid an admission of liability for this particular one, even if you really never had the account.

A better way to state this objection would be "Defendant has no records of this account nor any other credit card account on file and any attempt to obtain such documents would be overly burdensome."
« Last Edit: April 16, 2008 09:02:06 PM by Rottweiler »
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jenniej

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Re: How to object a subpoena to produce documents ?
« Reply #7 on: April 16, 2008 09:01:13 PM »
But can they introduce your credit report as evidence?

Rottweiler

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Re: How to object a subpoena to produce documents ?
« Reply #8 on: April 16, 2008 09:04:07 PM »
No, as far as I know.  Credit reports are not good evidence in a case like this and can be easily be objected to on the basis that the accuracy of such report cannot be vouched for in the absence of corroborating evidence (such as, in the case of ID Theft, a police report and proof of having disputed the trade line).

The Plaintiffs, so far, have not produced any such evidence.
“This is a court of law, young man, not a court of justice."
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jenniej

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Re: How to object a subpoena to produce documents ?
« Reply #9 on: April 16, 2008 09:09:39 PM »
This is very interesting. A JDB that contacted me 2 years ago & said he had my cr in his hands & was actually reading things on it to me. I recently received a letter from a law firm representing another JDB who alluded to my credit report & credit history, saying, in so many words, that I had the account for xx amount of years & paid on it faithfully for up until xx years ago so how can I deny it's mine. (This was in response to my DV). I was under the impression they could pull and use your CR as proof of the debt.

ghost

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Re: How to object a subpoena to produce documents ?
« Reply #10 on: April 16, 2008 09:17:53 PM »
I recently received a letter from a law firm representing another JDB who alluded to my credit report & credit history, saying, in so many words, that I had the account for xx amount of years & paid on it faithfully for up until xx years ago so how can I deny it's mine. (This was in response to my DV). I was under the impression they could pull and use your CR as proof of the debt.
Credit reports aren't good proof of much else than someone reported something. They would have to have someone from the CRA's authenticate the credit report and further someone from the OC authenticate the reporting and have something to substantiate what they reported in the first place.

I'm denying it because I haven't been forwarded one shred of evidence to support that it is mine nor proof of payments, since they want to open that door.

Lets do this

Rottweiler

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Re: How to object a subpoena to produce documents ?
« Reply #11 on: April 16, 2008 09:49:09 PM »
All they were doing, jenniej, is pulling the usual stuff to try to get you to pay.  Credit reporting is irrelevant and does not prove that you still owe anything...if you ever did.
“This is a court of law, young man, not a court of justice."
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bena

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Re: How to object a subpoena to produce documents ?
« Reply #12 on: April 17, 2008 01:34:54 AM »

Thanks for all replies. I did object anyway,paricularly for documents to see the outcome if they file a motion.  I don't have any document to produce, even current credit cards I'm using now. If anyone keeps all bills and records of payments from year to year, probably you need a whole room to store them. That's all I can say before a judge.