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PPO Petitioner Accessing Phone Records

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  • 05-08-2009, 01:52 PM
    detour40
    PPO Petitioner Accessing Phone Records
    Michigan - I filed paperwork for a hearing to argue a bogus PPO and the next day I received a call from my wireless phone carrier that someone was requesting access to my personal phone records. The company called to verify that this individual was on the account. To my surprise the person they were asking for was the petitioner in my PPO case. Now they have tried to obtain personal phone records on an account that they are not nor never have been a participant on. Luckily for me they did this and I caught them trying to do so. I explained to the phone company this person was not allowed to access any information as I was involved in a ppo hearing with them and they flagged the account. My question is this: A friend of mine told me that illegally trying to obtain a person's personal phone records is a serious crime. I spoke with a lawyer and asked him if I should subpoena the phone company for proof of this questionable act. He seemed very nonchalant about doing it stating "Do you want to take it this far?". I do not wish to prosecute the petitioner but i want them to drop this bogus PPO and leave me alone. What should I do if anything regarding the fact they have now tried to access my personal information.
    Thank you
  • 05-09-2009, 12:57 AM
    HawaiiMom
    Re: Wrongful PPO
    Try calling your provider..or better yet, go down to see them in person, and request the information yourself. I'm not sure, but it's your account, so why would you need to subpoena your own account information? They've already established that something's fishy and flagged the account. And don't forget to take photo i.d. with you when you go :).

    If the lawyer you hired to defend you against a bogus PPO doesn't think that it's a big deal, I'd start looking for another lawyer
  • 05-09-2009, 01:53 AM
    detour40
    Re: Wrongful PPO
    I called my wireless carrier and spoke with a representative again today. The representative was very helpful and she recommended that I go to my local police department and file a police report regarding the matter. The representative said that what the person tried to do is a form of fraud. She also, recommended subpoenaing the information due to the matter of the pending ppo hearing. Now I am really confused why my lawyer didnt seem to think this was an issue since the wireless carrier said that what this person tried to do is a serious matter.
  • 05-09-2009, 02:35 AM
    aardvarc
    Re: Wrongful PPO
    Because it's a common error in such situations (where people are representing themselves instead of using an attorney who would know better) - most people don't understand that a subpoena is needed before the phone company will release the information. But as usual, the system worked as designed and the phone company didn't release the info. The court isn't going to care that she asked for this info as part of her case. They're going see it as her being oblivious to the way such things work. People try to request all sorts of records all the time and the police and the courts aren't going to see this as an attempt at something illegal.
  • 05-09-2009, 03:00 AM
    detour40
    Re: Wrongful PPO
    Now I am really confused. I am not sure why she would need my phone records because if she is trying to provide proof of contact with her then she can get her own records because i would have called her number. Also, why would the phone carrier recommend alerting the police since she was trying to obtain access to my personal information? The crazy thing in all of this is I am the respondent yet this person is the one actually harassing me with false accusations in their statement to obtain the ppo and now trying to access my personal records. Some people seem to think this is serious and others seem to think its nothing I really dont get it.
  • 05-09-2009, 04:09 AM
    aardvarc
    Re: Wrongful PPO
    Quote:

    Quoting detour40
    View Post
    Now I am really confused. I am not sure why she would need my phone records because if she is trying to provide proof of contact with her then she can get her own records because i would have called her number.

    Some people are smart enough to figure that out - others aren't (it's actually a pretty common mistake, I get that question from people a lot; "how do I get their phone records to take to court").

    Quote:

    Also, why would the phone carrier recommend alerting the police since she was trying to obtain access to my personal information?
    Because doing so is what their customer service people are trained to say - it tends to make the customer think "wow, how great that my service provider cares enough to tell me". But even if they hadn't alerted you, they wouldn't have released the records to anyone who couldn't VID the account.

    Quote:

    The crazy thing in all of this is I am the respondent yet this person is the one actually harassing me with false accusations in their statement to obtain the ppo and now trying to access my personal records.
    And if you can show such harassment, you can certainly bring a case of your own against her - particularly if she's brought more than one case or is establishing a pattern of frivolous legal activity against you. In such cases, talk with the Clerk of Court - there is usually a process in each jurisdiction where the court can require persons to have their case reviewed by a judge BEFORE they are allowed to file further legal actions (to prevent use of the legal system as a means of unfounded harassment). But it this is her first such case, there's a lot of leeway given.


    Quote:

    Some people seem to think this is serious and others seem to think its nothing I really dont get it.
    What matters is what a) the police think, and b) what the court thinks. Police aren't going to care that she doesn't understand the realities of getting records for a PO case, and the courts see enough of this that they aren't going to get in a tizzy because she's zealously trying to get documentation for a pending case. You're certainly free to contact police and report the activity to them - just don't be surprised if it goes nowhere.
  • 05-09-2009, 06:19 AM
    detour40
    Re: Wrongful PPO
    Thanks for the help! I just hope that nothing else happens this is really upsetting myself and my family.
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