I received a subpoena from the defendant of my small claims action. He is subpoenaing me as a witness..I am already a party of

Asked 12 months ago - Merced, CA

I filed a small claims action against my property manager for rent money he failed to hand over to me.
The property manager (defendant) filed a counter claim stating I didn't pay the city utilities, he did.
He then subpoenaed me to bring my Federal Income Tax Returns to court to try to prove that I deducted the City utilities as a tax deduction on my income taxes, insisting that I didn't pay them, I cannot claim them. I have cancelled checks and receipts to support fact I did pay utilities. He is trying to get me to incriminate myself in court. This has nothing to do with rent money he kept. What do I do? Thank You...

Attorney answers (1)

  1. Nicholas Basil Spirtos

    Contributor Level 20

    Answered . I would object at the hearing to any subpoena asking for my private financial records. If you have checks and receipts showing that you paid the utilities, that is probably going to be good enough to deny his claims that you didn't.
    Your tax returns are not relevant to the issue. They are also protected by the privacy provisions of the U.S. and State Constitutions. Most small claims judges already know this and will sustain any such objection.

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