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How do I fight a Subpoena?



"A Tax Payer"
3/15/2004 2:06:15 AM


Hi,
I was involved in an auto accident a few months back (the other guy's
fault),
after being involved in a lengthy and fruitless attempt to settle with the
insurance company I attempted to go to small claims court.
Upon the first meeting in small claims court the Insurance lawyer presented
me with a Subpoena for all of my tax records for the previous year (I hadn't
even filed a Bill of Particulars yet).
This was soon followed by letters every single day about mundane
correspondence with the clerk of the court. I am no legal expert but this to
me could be interpreted as nothing more than harassment and intimidation.
(And what is preventing this lawyer from issuing a Subpoena every file on my
laptop?)
All I want is my day in court and if a judge says you deserve one dollar or
nothing I could live with that.
First what on earth is going through this Insurance lawyers mind? The facts
are certainly not on her side so it seems to me that she is using "legal"
intimidation to get me to back off.
Second, how can I fight what I perceive to be a ridiculous Subpoena? And how
should I approach the entire situation so that it doesn't escalate and get
out of hand?
 
 
"Naughtius \"The Twinkies Made Me Do It\" Maximus"
3/14/2004 8:07:27 PM




"A Tax Payer" <none@nospam.com> wrote in message
news:rc85c.8585$KO3.39066@attbi_s02...

Hi,
I was involved in an auto accident a few months back (the other guy's
fault),
after being involved in a lengthy and fruitless attempt to settle with the
insurance company I attempted to go to small claims court.
Upon the first meeting in small claims court the Insurance lawyer
presented
me with a Subpoena for all of my tax records for the previous year (I
hadn't
even filed a Bill of Particulars yet).
Well, if this had occurred in Colorado, I would:
File a MOTION TO QUASH SUBPOENA and include in it, a Request For Show
Cause Order, commanding the SUCK-FISH Lawyer to appear *In Court* and show
what Good Cause she has for Serving a "Substantially Vexatious" Subpoena for
your Tax Records, AND to show why she should not be SANCTIONED and Ordered
To Pay To You, COSTS for your Wasted Time and Money responding to such F&SV
S's, forced by her FRIVOLOUS AND SUBSTANTIALLY VEXATIOUS Issuing of
Subpoenas...
And then I would be Filing A Complaint with the State S Ct Lawyer
Regulation Committee...
Naughtius "Fuck With Me - See Where It Gets Ya" Maximus
 
 
"Richard"
3/15/2004 2:33:18 AM


A Tax Payer wrote:
Hi,
I was involved in an auto accident a few months back (the other guy's
fault),
after being involved in a lengthy and fruitless attempt to settle with
the insurance company I attempted to go to small claims court.
Upon the first meeting in small claims court the Insurance lawyer
presented me with a Subpoena for all of my tax records for the previous
year (I hadn't even filed a Bill of Particulars yet).
This was soon followed by letters every single day about mundane
correspondence with the clerk of the court. I am no legal expert but this
to me could be interpreted as nothing more than harassment and
intimidation. (And what is preventing this lawyer from issuing a Subpoena
every file on my laptop?)
All I want is my day in court and if a judge says you deserve one dollar
or nothing I could live with that.
First what on earth is going through this Insurance lawyers mind? The
facts are certainly not on her side so it seems to me that she is using
"legal" intimidation to get me to back off.
Second, how can I fight what I perceive to be a ridiculous Subpoena? And
how should I approach the entire situation so that it doesn't escalate
and get out of hand?
That's a bull#@($ scare tactic and would probably be ruled against by the
judge.
As knowing your taxes has no bearing on the accident.
Take the subponea immediately to a judge and have it put to rest.
I'd even write a formal letter of complaint to the state bar about that #@($
for brains.
If you have even a few of those daily letters, present them to the judge as
well.
The judge will probably give the #@&@
a good spanking.
No doubt, a student of Judge Judy.
 
 
"tomG"
3/15/2004 3:37:17 AM




"A Tax Payer" <none@nospam.com> wrote in message
news:rc85c.8585$KO3.39066@attbi_s02...

I was involved in an auto accident a few months back (the other guy's
fault),
<snip>
Upon the first meeting in small claims court the Insurance lawyer
presented
me with a Subpoena for all of my tax records for the previous year (I
hadn't
even filed a Bill of Particulars yet).
<snip>
First what on earth is going through this Insurance lawyers mind?
She may be thinking that you are or will be requesting lost pay as
an element of damages and that your tax records will show where
you worked and how much you made last year.
Second, how can I fight what I perceive to be a ridiculous Subpoena?
You either (1) file a "motion to quash" the subpoena, and tell it
to the judge at the hearing on the motion, or (2) do nothing, and
the lawyer who issued the subpoena will file a motion for sanctions,
and you tell it to the judge at the hearing on that motion.
The first alternative is better, as it protects you against risk of the
judge awarding sanctions against you.
And how should I approach the entire situation so that it
doesn't escalate and get out of hand?
That's easy. Don't escalate. Produce the tax records.
 
 
"A Tax Payer"
3/17/2004 12:40:18 PM


Can you do this in Virginia?
"Naughtius "The Twinkies Made Me Do It" Maximus" <globbo@BUTTFUCKJesus.org>
wrote in message news:MpednezSWdptgMjd4p2dnA@adelphia.com...


"A Tax Payer" <none@nospam.com> wrote in message
news:rc85c.8585$KO3.39066@attbi_s02...

presented
hadn't
Well, if this had occurred in Colorado, I would:
File a MOTION TO QUASH SUBPOENA and include in it, a Request For Show
Cause Order, commanding the SUCK-FISH Lawyer to appear *In Court* and show
what Good Cause she has for Serving a "Substantially Vexatious" Subpoena
for
your Tax Records, AND to show why she should not be SANCTIONED and Ordered
To Pay To You, COSTS for your Wasted Time and Money responding to such
F&SV
S's, forced by her FRIVOLOUS AND SUBSTANTIALLY VEXATIOUS Issuing of
Subpoenas...
And then I would be Filing A Complaint with the State S Ct Lawyer
Regulation Committee...
Naughtius "Fuck With Me - See Where It Gets Ya" Maximus
 
 
"Naughtius \"The Twinkies Made Me Do It\" Maximus"
3/17/2004 10:01:58 AM




"A Tax Payer" <none@nospam.com> wrote in message
news:SGX5c.31285$po.290047@attbi_s52...

Can you do this in Virginia?
[SHRUG]
Well, I'm about 1200 Miles Away from The Old Dominion... *Never* been any
further East than Paducah... I assume you are 0 Miles Away from The Former,
and that puts you in a Better Position to Answer the question... I can only
Answer that the Rules of Civil Procedure and Lawyer Regulation are Likely To
Be Quite Similar in All 50 States, with the Perpetual Execption of Oddball
Louisiana, and that this, infra, would be the Procedure I would employ in
Colorado...
Naughtius "Don't Ask Me - I Just Work Here" Maximus
"Naughtius "The Twinkies Made Me Do It" Maximus"
<globbo@BUTTFUCKJesus.org>
wrote in message news:MpednezSWdptgMjd4p2dnA@adelphia.com...
for
F&SV
 
 
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