Legal Question in Credit and Debt Law in Texas
Credit Card Fraud, Small Claims, Subpoena ISP, Doable?
Someone committed credit card fraud against me with web merchants. For various reasons, I want to pursue this. The records are excellent, actual dialup machine addresses and dates/times.
I am thinking about filing in small claims against ''John Doe'' at ''Network Company'' and obtaining a subpoena for the culprit's identity. I would then update the complaint with that name.
Q. Clever or stupid?
Q. The network company may be able to charge for the retrieval. What might this cost?
1 Answer from Attorneys
Re: Credit Card Fraud, Small Claims, Subpoena ISP, Doable?
First file a police report. Then discuss the matter with the District Attorney that handles that sort of crimes. They have the means to investigate, where you may be stumbling into a legal minefield. Consider being sued for slander if the address is spoofed, or the costs of defending a suit for serving a false subpoena.
Criminal investigation is best done by the experts. Help them, if they ask, but don't try to do their job.
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