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What do you know about subpoenas?

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  • ManagerJosh
    replied
    If you are concerned about privacy, privacy laws only extend so far. You have a court order, a subpoena, demanding confidential information such a user identities. Therefore a judge has signed off on this saying there is reason to pursue to this matter, and that you are now obligated to provide information, without concern about breaching privacy laws.

    Leave a comment:


  • rnmcd
    replied
    I am not a defendant.

    I do appreciate everyone's assistance.

    I feel, at this time, that I do want to protect the privacy of my users. They were kind enough to participate in my vbulletin forum so they deserve the opportunity to be anonymous as I had promised them.

    I understand that I may be incarcerated.

    Leave a comment:


  • ManagerJosh
    replied
    Originally posted by rnmcd View Post
    Yes it was served by the Sheriff.

    The plaintiff is representing herself. She is not well-educated. I do not say that to be mean--she is well-known in my town. She has sued the city administration at least 7 times in the last 5 years.
    Are you named as a defendent in this case?

    Originally posted by rnmcd View Post
    Here is part of what the subpoena says, "provide contact information for any posters that have made nasty comments about plaintiff."

    How the heck to I decide what is nasty? I know you said contact a lawyer but I just wondered what other lay-people consider "nasty."

    They must allow subpoenas to be issued to anyone that wants one served.
    Basically provide any documents and paperwork on posts related to the plantiff. Let them sort it out. Withholding information can be considered contempt of court because you are not following a court order.

    Originally posted by rnmcd View Post
    Ok, the subpoena was delivered/served.

    What happens if I don't do what it says?


    It doesn't say anything about repercussions.
    You will be held in contempt of court.

    Leave a comment:


  • rnmcd
    replied
    Originally posted by MidnightPyro View Post
    Was it actually given to you by the sheriffs office? Something about this doesn't sound quite right. I just don't think a lawyer would use something that open to interpretation...
    Yes it was served by the Sheriff.

    The plaintiff is representing herself. She is not well-educated. I do not say that to be mean--she is well-known in my town. She has sued the city administration at least 7 times in the last 5 years.

    Leave a comment:


  • MidnightPyro
    replied
    Originally posted by rnmcd View Post
    Here is part of what the subpoena says, "provide contact information for any posters that have made nasty comments about plaintiff."

    How the heck to I decide what is nasty? I know you said contact a lawyer but I just wondered what other lay-people consider "nasty."

    They must allow subpoenas to be issued to anyone that wants one served.
    Was it actually given to you by the sheriffs office? Something about this doesn't sound quite right. I just don't think a lawyer would use something that open to interpretation...

    Leave a comment:


  • rnmcd
    replied
    Here is part of what the subpoena says, "provide contact information for any posters that have made nasty comments about plaintiff."

    How the heck to I decide what is nasty? I know you said contact a lawyer but I just wondered what other lay-people consider "nasty."

    They must allow subpoenas to be issued to anyone that wants one served.

    Leave a comment:


  • Floris
    replied
    You've then covered your butt .. a court asked you to provide the privacy details. You can now do this. If these people sue you for sharing privacy related info they won't win, because you were ordered by court to hand them over.

    Leave a comment:


  • rnmcd
    replied
    Originally posted by Floris View Post
    If you really received one in your mail (not email) then contact a lawyer asking what's the best step for you to take. None of us on this forum are legal agents that can't professionally help you.
    But someone might have had some experience with this.

    By the way, the subpoena is stating that all records related to the website be turned over to the Plaintiff by April 15.

    Leave a comment:


  • Floris
    replied
    If you really received one in your mail (not email) then contact a lawyer asking what's the best step for you to take. None of us on this forum are legal agents that can't professionally help you.

    Leave a comment:


  • rnmcd
    replied
    Ok, the subpoena was delivered/served.

    What happens if I don't do what it says?


    It doesn't say anything about repercussions.

    Leave a comment:


  • R1lover
    replied
    Actually when they server you they could care less about anything you tell them... all they are conocerned with at that point is that you are the person on the subpoena.

    Leave a comment:


  • ManagerJosh
    replied
    You will have to deal with this sooner or later. Any attempt to hide it would be considered obstruction of justice.

    Leave a comment:


  • R1lover
    replied
    Originally posted by rnmcd View Post
    The Sheriff's office has just above found me to serve the subpoena to me (they attempted to deliver it to a relative of mine).

    When I am served the subpoena do I have to admit that I do own the website?

    What website? ***cough** cough** lol

    Leave a comment:


  • rnmcd
    replied
    The Sheriff's office has just above found me to serve the subpoena to me (they attempted to deliver it to a relative of mine).

    When I am served the subpoena do I have to admit that I do own the website?

    ---------------------------

    EDIT: The first six words of this post should be:

    The Sheriff's office has just about
    Last edited by rnmcd; Tue 20 Mar '07, 4:13pm. Reason: fix first sentence

    Leave a comment:


  • slappy
    replied
    As I said in my post, above, unless your state laws are very unusual, they simply can't 'subpoena' you by mail. It wouldn't be legally effective. And you are not obligated to provide your mailing address in response to an email or phone call. If they know your 'real' name, they need to look you up in a directory and/or hire someone to go out and actually find where you live and 'personally' serve you with a document.

    If they have an existing lawsuit, which I believe you indicated they did, they could attempt to actually serve a subpoena on your ISP to get your mailing address, but even that wouldn't work if your ISP was out of state. And again, mail service is generally bogus on companies as well.

    Remember that people can 'demand" whatever they want. That does not make their demand either 'lawful,' nor something which needs to be responded to. If they don't intend to take the time, or spend the money to find you, they aren't 'really' serious.

    Regards,

    Leave a comment:

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