Information subpoena

BIG TIME · 07-18-2007, 06:52 PM

The OC is being stubborn, saying they have purged my records and can't give me any info on my old account. I need the date of last payment from them and the amount charged off. ( They are quick to verify with the CRA's on a dispute, though, with different info on each CR.)

It is in litigation now and the SOL is definately up, but I need the DOLP to come from them, so I assume I have to send them an information subpoena as part of the case.

I need a format for it and the basic way to serve it on them. Certified mail, or have a process server do it? Whom do they have to send the info to? Me or the court or both parties?

BIG TIME · 07-18-2007, 07:12 PM

This is a JDB case, by the way. The OC has little to do with it anymore.

neil5623 · 07-18-2007, 07:15 PM

This may not help your situation, but it is what happened to me. LVNV sued me for an OOS debt. It was still in per what they were reporting to the CRAs at that time. What they didn't know, and I didn't either at first, was that I had an older report that showed where they actually supplied the correct info and later changed to their favor. That is called "re-aging." I used that in my favor later.

Since I didn't know I had this at first, I had to file a Request for Disclosure. Naturally their attorney said they were trying their very hardest to locate the info, and would respond when it was found. Think I heard from them on that? The next step would have been to file a Motion to Compel, but I found the old report before that.

BIG TIME · 07-18-2007, 07:30 PM

I got the JDB's TL off my reports when they first put it on there. The OC"s old TL is still there, though. Due to fall off in about 10 months.

hannah · 07-18-2007, 07:34 PM

Here's a good example of what it should look like. I have the complete Cali RCP's but the file is huge (43MB). I have zipped it with CoffeeCup & it is still 16 MB. Do you want me to email it to you?

Here's the pdf's links for the rules.

BIG TIME · 07-18-2007, 09:41 PM

I still use that link you gave me for the Cali RCP: Official California Legislative Information

That link for the subpoena is perfect! Thanks again, Hannah.

That Graves guy at Jurisdictionary: Legal Self-Help That Works! says in his courses I bought that if the OC doesn't cooperate or respond at all, the case must be dismissed, but he doesn't say why.

Any ideas?

BIG TIME · 07-18-2007, 09:52 PM

How many days after the service of the subpoena should I give them? 30?

Also, I'm gonna leave out the part where I have to go to where they are to copy everything and just try to get them to mail me a statement, on their letterhead, that shows the date of last payment.

BIG TIME · 07-18-2007, 10:12 PM

Looks like I have to bring it to the court clerk first and can't just file it and serve it like I thought.