Legal Question in Civil Litigation in New York
subpeona defendant phone record
i got a judgement,now the defendant is trying to vacated the decision that was entered by default, claiming that he was not serve a subpoena.in the defendant affidavit he claims that he didnt lived where the subpoena was served.can i get a subpoena for his phone record for that day?the defedant called me on that day after he was served.i have a seal telephone billed that his landlord gave me 2 months after he was served(could this be enought proof that he lived there?)
1 Answer from Attorneys
Re: subpeona defendant phone record
This is an interesting problem. You believe that the 'affidavit' offered to the court that service was invalid is perjury.
You can do this several ways. First, find out if the defendant had another address at the time the summons was served. Second, you can subpoena the defendant's telephone bill to show that the address was valid.
It is important to contest the motion to vacate by showing that this defendant has no defense to the underlying complaint.
If you decide yto use the phone bill thaT YOU HAVE, THE LANDLORD MUST TESTIFY TO LAY A FOUNDATION AND TO SHOW 'chain of custody'.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
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