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Subpoena Question

Found some more info out. The plaintiff is suing his landlord. He is behind on rent but wants some repairs made to his apartment/condo that he claims were caused by and issue in another unit that our company repaired. Wanted a copy of our invoice (which he was given) to show services performed, I am assuming as proof that the issue caused damage in his unit, which the invoice does not state at all. He has also obviously subpoenaed us as a witness to validate the invoice or work performed I guess.
 
Sorry for the hijack, but I have a small claims court question also.

I got stiffed by a company that went out of business and into receivership for a few thousand dollars. The company was owned by a hedge fund manager in another state (with lots of money) who personally guaranteed the contract. Can I sue him in small claims court here and make him come down to answer the claim so I either get paid or get to fuck with him for stiffing me? Not sure how receivership plays into things.
 
deacfan78 said:
It was a corporal from the sheriff's office. The owner is going. We are a small company and the owner here is pretty lazy. However, once I e-mailed him I was reaching out to an attorney for advice he changed his tune. I think had I not pressed the issue, no one would have been going on Monday.
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2&2?
 
Jeff Fatt said:
Sorry for the hijack, but I have a small claims court question also.

I got stiffed by a company that went out of business and into receivership for a few thousand dollars. The company was owned by a hedge fund manager in another state (with lots of money) who personally guaranteed the contract. Can I sue him in small claims court here and make him come down to answer the claim so I either get paid or get to fuck with him for stiffing me? Not sure how receivership plays into things.
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No. In NC you can only sue someone in small claims court in the county in which they reside. Receivership should not affect his personal guarantee, though.
 
KitchinDeac said:
No. In NC you can only sue someone in small claims court in the county in which they reside. Receivership should not affect his personal guarantee, though.
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But Jeff Fatt lives in Georgia, where anything goes.
 
Jeff Fatt said:
Sorry for the hijack, but I have a small claims court question also.

I got stiffed by a company that went out of business and into receivership for a few thousand dollars. The company was owned by a hedge fund manager in another state (with lots of money) who personally guaranteed the contract. Can I sue him in small claims court here and make him come down to answer the claim so I either get paid or get to fuck with him for stiffing me? Not sure how receivership plays into things.
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In NC, most counties will not allow a small claims action against a potential defendant who is not a resident of that county. Just sue him in district court (assuming you have jurisdiction over him in your state).
 
DeaconSig said:
In NC, most counties will not allow a small claims action against a potential defendant who is not a resident of that county. Just sue him in district court (assuming you have jurisdiction over him in your state).
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In all counties in NC you can't sue somebody who is not a resident of the county in small claims court.

I hate to be the party-pooper, but if you were subpoenaed per telephone conversation by the sheriff's office, your ass isn't excused from compliance just because the owner shows...
 
deacfan78 said:
It was a corporal from the sheriff's office. The owner is going. We are a small company and the owner here is pretty lazy. However, once I e-mailed him I was reaching out to an attorney for advice he changed his tune. I think had I not pressed the issue, no one would have been going on Monday.
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Sounds like an awesome boss.
 
Keep in mind that there's a jurisdictional monetary limit (usually a few thousand bucks) in most if not all small claims courts so by filing there you're automatically capping your damages. You don't have to file in small claims court if you're entitled to more money than the small claims court can award.
 
1976Deac said:
I hate to be the party-pooper, but if you were subpoenaed per telephone conversation by the sheriff's office, your ass isn't excused from compliance just because the owner shows...
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I was informed by the clerks office that I didn't have to show that any representative from the company could show.
 
DistrictDeacon said:
Sounds like an awesome boss.
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Used to be. Then started using this company to bankroll other "ventures" putting a strain on the company that pays his bills. He still gets his and then some. Employees still get paid on time but the bills...not so much.
 
deacfan78 said:
I was informed by the clerks office that I didn't have to show that any representative from the company could show.
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Oh, my... I don't doubt that you were, but the only person who can release you from a subpoena addressed to and served on you (unless it is quashed by the Court) is the party (or counsel) who issued the subpoena.
 
1976Deac said:
Oh, my... I don't doubt that you were, but the only person who can release you from a subpoena addressed to and served on you (unless it is quashed by the Court) is the party (or counsel) who issued the subpoena.
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The plaintiff issued it and he has spoken with the owner and even said he just wanted someone from the company to show up.
 
Here we go again...

My boss went to the first court date. It was re-scheduled because the judge knew the plaintiff. My boss said he had a very weird/creepy encounter with the defendant outside the courthouse.

Today, I get subpoenaed in person by a deputy. I called the defendant and left him a not so kind message, again, telling him my name needed to be removed and he needed to put my boss' name on the subpoena since he is the owner of the company.

My boss will be going to the next court date, so I'm not worried about that, but I am getting frustrated with this fucker!
 
deacfan78 said:
Here we go again...

My boss went to the first court date. It was re-scheduled because the judge knew the plaintiff. My boss said he had a very weird/creepy encounter with the defendant outside the courthouse.

Today, I get subpoenaed in person by a deputy. I called the defendant and left him a not so kind message, again, telling him my name needed to be removed and he needed to put my boss' name on the subpoena since he is the owner of the company.

My boss will be going to the next court date, so I'm not worried about that, but I am getting frustrated with this fucker!
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Wonder if the plaintiff is also a boards poster who saw this thread & is messing with you?
 
deacfan78, you need to just blow off that subpoena and go on living your life. No one is going to care and nothing is going to happen. You're not going to jail. Just throw it right there in the trash can and never think about it again. If anyone does give you shit about it down the road, just be like, "I don't know what you're talking about. We never spoke. You must have had the wrong number." BOOM. Happy I could help you out.
 
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