Can a lawyer fax a subpoena duces tecum? Does the job have to respond if sent inapproprietly?

Asked 5 months ago - New York, NY

My husband filed petition for modification of child support? He lost one of his jobs and still tries to maintain 3 other jobs to support me and our children and pay his support. The defendants lawyer sent him a copy of a subpoena duces tecum that he sent to the job he used to work at to find out why he lost his job. Then he faxed a subpoena to the current job he works to find out how much he makes. Can the defedents lawyer fax a subpoena and with no cover page and no ones attention or confidentiallity? I thought that was not legal.

Attorney answers (3)

  1. Eric Edward Rothstein

    Contributor Level 20

    4

    Lawyers agree

    Answered . There is nothing illegal about faxing a subpoena but it is not valid service. It is up to the company whether to respond or insist upon proper service.

    The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal... more
  2. David Ivan Bliven

    Pro

    Contributor Level 19

    3

    Lawyers agree

    Answered . It's not a matter of it being "legal" or not, it's a matter of whether it's proper service - it's not. Subpoenas must be served in the same manner as a summons. Schedule a consult with a NYC Family Law attorney.

    * If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
  3. Ian S. Mednick

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . No subpoenas cannot be faxed. They must be served in the same manner as one would serve a summons. However some companies will accept a subpoena by facsimile.

    This for general information purposes only and should not be taken as legal advice for any individual case or... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

29,841 answers this week

3,136 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

29,841 answers this week

3,136 attorneys answering