Legal Question in Credit and Debt Law in California

How do I respond to a Motion to Squash a Deposition Subpoena?

I served a deposition subpoena for production of business records on The Moore Law Group. They held an Abstract of Judgement against me for a bad marital debt that was held in my name as an individual. On May 22, 2012 The law group gave my finical information to my EX-Husband. We were legally divorced on February 17, 2012.

I am acting as Pro Per in the remainder of my divorce settlement. I requested copies of the conversations the law group had with my ex-husband that prove my privacy rights were violated by both parties.

Unfortunately, I filled out the subpoena incorrectly. The law group contacted me by email to ask me to withdrawal the subpoena. I contacted them by phone (leaving a message) two days later and informed them I would be glad to cancel the incorrect subpoena and issue one correctly. The same day I contacted them they filed a motion to squash the subpoena, set a court date and asked the court for sanctions of $60.00. I find this absurd since they are the ones that gave out my financial information without my knowledge or consent.

I have gone to the court clerk and the legal self help department of our counties court house. No one seems to be able to help me respond to this motion. The court clerk suggested I wait and try to explain the situation to the judge to have the original subpoena removed. I feel it is a HUGE waste of the courts time and mine to go before the judge on such a trivial issue. Especially since I have agreed to withdrawal the original subpoena before the motion to squash was issued.

Any guidence would be appreciated. Court is scheduled for August 14, 2012


Asked on 7/24/12, 4:46 pm

1 Answer from Attorneys

Joel Selik www.SelikLaw.com

You will need to respond, explaining that you had withdrawn the subpoena.

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Answered on 7/24/12, 4:51 pm


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