Legal Question in Credit and Debt Law in Virginia
subpeon duces tecum not court issued
my employer just recievied this, I was used in small claims court 11/08 by a private party, i was garnished 1st time in jan, the second time garnishment went through I was only working 20 hrs per week at a reduced salary of 10.hr due the fact its retail and the economy, my employeer had to cut my salary and hours. Anyway the person has filed the subpoen duces tecum, asking for all of my payroll from Nov 07, and tax returns, to be sent to her home address, was not judge issued, Also, the amount she sued me for was rent for 11/08, why must I give her my personal records all the way back to nov 07. Do I need a attorney
1 Answer from Attorneys
Re: subpeon duces tecum not court issued
A party may use a subpoena duces tecum(SDT) to secure relevant information from his or her adversary in a case pending in the general district court. However, once a judgment has been entered against the defendant and the court has issued a summons in garnishment to the defendant's employer, the plaintiff's further recourse to discover additional or undisclosed income or other assets belonging to the defendant is through the use of debtor's interrogatories and not the SDT (in my opinion).
Furthermore, the request for records predating your
appearance in court by a year should be regarded as irrelevant and not material to the issue at hand which is your current income which is subject to garnishment.
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