How do I quash a subpoena for personal records in an unlimited jurisdiction case?

Asked about 1 year ago - Monterey, CA

I'm being sued by a collection agency. I received a Notice to Consumer or Employee and Objection Judicial Council form along with a civil subpoena duces tecum for documents to be produced at my collection trial. Do I request from the clerk a motion hearing date or is this a written motion that is heard at the issues conference? What is the basis for preventing the records being introduced? I can not ask pieces of paper any questions. Is that sufficient grounds for the records not to be allowed into evidence?

Attorney answers (4)

  1. Carl H Starrett II

    Contributor Level 16

    2

    Lawyers agree

    Answered . The normal procedure would be a motion to quash, but you need to be mindful of the law and motion cutoff date. You'll need to get a hearing date form the judge's calendar clerk and file a motion with legal arguments, proper notice of the hearing date and declarations or other evidence showing the legal reasons to void the subpoena.

    Without knowing your reasoning for not wanting the documents to be produced, I can only guess at what legal reasons you might have for excluding this evidence. So far, you haven't provide a sufficient legal reason.

    The fact that you are asking this question is evidence that you need an attorney. I suggest that you contact one as soon as possible.

    First, the firm is a debt relief agency according to the U.S. Bankruptcy Code. We help people file for bankruptcy.... more
  2. Richard Scott Lysle

    Contributor Level 17

    Answered . You must follow all of the court rules exactly. Also, you have a very short time period in which to "meet and confer" with the opposing attorney and then to file a motion for a protective order.

  3. Matthew Edward Williamson

    Contributor Level 15

    Answered . I'm going to give you a different way to look at it: Do the records hurt you or your case to have them part of the case? If no, then I wouldn't worry about the subpoena. If yes, then you need a valid legal reason to quash and if you are needing to quash, then you probably need an attorney on a practical level.

    Good luck with your situation.

  4. Michael Glynn Busby Jr.

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Time to hire an attorney or file bankruptcy

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