Legal Corner

Subpeona in small claims in Atlanta, garegular_smile
lon857 2 Reviews 2358 reads
posted

Can some guide me in the correct way to subpeona the audio from companies that say they make while speaking with them. I will my small claim packet tomorrow, I have printed the subpeona form & will send it when I receive the case number. Small will not help u. Thank u.

...of Documents" AKA Subpoena Duces Tecum.  You are subpoenaing documentary evidence, not a person.

You have to fill out the subpoena and give it to the Small Claims Court Clerk. The subpoena MUST be issued by the Small Claims (Magistrate) Court.  You have no authority to issue a subpoena.

The smalls claims lawsuit and the subpoena must be served properly.  You can't serve it yourself.  I don't know about GA, but in CA, you don't have to have the Court serve it for you; you can have a friend do it and complete the Proof of Service.  It's a lot cheaper but you have to serve it properly, especially if you're suing a company.  In most states, corporations have to list with the Secretary of State the person authorized to receive service of process.  If you win the case, the cost of serving the lawsuit and subpoena is awarded to you.

You also have to file the small claims action in the proper jurisdiction, usually in the county where the defendant resides.  See the link for more info.

Thank u, the info is very appreciated. I've allreacy down loaded the form &am waiting for the court to send me my copy of my claim so I'll have the case #. I have been talking & accessing the Sec. of State website. The Company has a registered agent, actually 2, the lady told me which to list.Will check the site u listed. Thank u against .Tom

Posted By: BigPapasan
...of Documents" AKA Subpoena Duces Tecum.  You are subpoenaing documentary evidence, not a person.

You have to fill out the subpoena and give it to the Small Claims Court Clerk. The subpoena MUST be issued by the Small Claims (Magistrate) Court.  You have no authority to issue a subpoena.

The smalls claims lawsuit and the subpoena must be served properly.  You can't serve it yourself.  I don't know about GA, but in CA, you don't have to have the Court serve it for you; you can have a friend do it and complete the Proof of Service.  It's a lot cheaper but you have to serve it properly, especially if you're suing a company.  In most states, corporations have to list with the Secretary of State the person authorized to receive service of process.  If you win the case, the cost of serving the lawsuit and subpoena is awarded to you.

You also have to file the small claims action in the proper jurisdiction, usually in the county where the defendant resides.  See the link for more info.

Register Now!