Legal Question in Credit and Debt Law in Texas

Subpeona Duces Tecum

This is on a debt case wherein a judgement was already entered against us in 02-2008. In July we rec'd a deposition notice from a lawyer stating that they were giving us Notice of Intention to Take Oral Deposition with Subpeona Duces Tecum. Accompanying the letter was a document addressed to us with the court case number, entitled ''Notice of Intention to Take Oral Deposition with Subpeona Duces Tecum'', signed by the lawyer and giving the date as 0/29/08 that we're required to be there, with a list of documents we're required to bring. There's no indication it was filed with the court and no court officer's signature is on it. My question is, is this valid? Or does a Subpeona Duces Tecum have to be filed with the court and be issued by a court clerk or judge? Thank you.


Asked on 9/23/08, 10:13 pm

1 Answer from Attorneys
TC Langford Langford Law Office

Re: Subpeona Duces Tecum

Discovery does not have to be filed with the court, issued by the court, or served according to civil process. Once you are within the jurisdiction of the court, proper notice can be by certified mail.

However, if you were ordered to appear on 0/29/08 -- that is an impossible date, and would be grounds to quash the subpoena.

Read more
Answered on 9/25/08, 2:57 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas