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  1. #1
    Join Date
    Sep 2010
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    Default How to Get a Subpoena for Records That May Identify an Unknown Defendant

    My question involves court procedures for the state of: Georgia

    I have found out that possibly a neighbor's child may have broken into my car and took my credit card. I have a charge from Nike.com for about 200$ that isn't mine. I called Nike and they said that it looks like the order was shipped to someone in the same city as me, but refuse to give me the address without a subpoena. How do I get a subpoena to get the address and what was bought from Nike.com.

    I have also started a police report but I've had police reports in the past and the police never touch them because they are too busy. At this point I just want to know where the stuff was shipped to.. Obviously the credit card company has covered the cost because it's fraud, but I had a canon stolen from me in the same week as the card number was likely stolen (car was also broken into and card was in center console), so it's likely that whoever did this may have also taken my canon.

    What are the steps to get the subpoena to Nike so that I can get the information?

    Thanks.

  2. #2
    Join Date
    Apr 2009
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    Default Re: How to Subpoena Documents when Defendent is Not Known Yet

    The credit card company absorbed the loss, yes?

    What's your end goal here?

  3. #3
    Join Date
    Dec 2014
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    not in a prison
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    732

    Default Re: How to Subpoena Documents when Defendent is Not Known Yet

    that's strange,, being it was your card used I don't see why nike would not give you the shipping address, anyway, your card company has its own investigating dept, give them a call they might be able to get you the address

  4. #4
    Join Date
    Nov 2007
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    Officially across the country from where I've been all my life
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    Default Re: How to Subpoena Documents when Defendent is Not Known Yet

    If the credit card company has reimbursed you, the the credit card company is the victim. You're not going to have a subpoena issued because in the end, nothing has happened to you and the credit card company doesn't care.

  5. #5
    Join Date
    Oct 2014
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    8,238

    Default Re: How to Subpoena Documents when Defendent is Not Known Yet

    Quote Quoting obelix
    View Post
    My question involves court procedures for the state of: Georgia
    What are the steps to get the subpoena to Nike so that I can get the information?
    Thanks.
    Subpoenas are issued for private (i.e. nongovernment) persons where there is a lawsuit pending in which the information sought by the subponea would be relevant. Here, that means you’d need to first file a lawsuit against someone regarding the alleged theft. Presumably the person you’d sue is the thief, and you have the problem that you do not know who the thief is. While that problem might be solved with a “John Doe” lawsuit (or whatever it is called in your state) you have the other problem that you must allege you suffered a loss from the theft of the card. But you haven’t suffered any loss, so there is nothing for which to sue.

  6. #6
    Join Date
    Sep 2005
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    Default Re: How to Subpoena Documents when Defendent is Not Known Yet

    You can file a lawsuit against an identity thief on grounds beyond your economic losses. Leaving aside issues of damages, if you are prepared to absorb the cost of the filing fees and other fees you incur along the way, you can file a lawsuit to seek the information and, if it does identify the thief, supplement the police report with that information.

  7. #7
    Join Date
    Nov 2007
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    Default Re: How to Subpoena Documents when Defendent is Not Known Yet

    Quote Quoting Mr. Knowitall
    View Post
    You can file a lawsuit against an identity thief on grounds beyond your economic losses.
    There has been no economic loss on his part (the OP). He was recompensed by the credit card company.

  8. #8
    Join Date
    Jan 2006
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    38,867

    Default Re: How to Subpoena Documents when Defendent is Not Known Yet

    Quote Quoting CourtClerk
    View Post
    There has been no economic loss on his part (the OP). He was recompensed by the credit card company.


    Mr K said this:

    on grounds beyond your economic losses.

  9. #9
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Subpoena Documents when Defendent is Not Known Yet

    Emotional distress, punitive damages, and the like.

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