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  1. #1
    Join Date
    Oct 2019
    Posts
    2

    Default Mistaken Identity

    My question involves collection proceedings in the State of: Tennessee

    I received a subpoena to produce documents in a bankruptcy case. My name and address on subpoena is exactly right. I have never heard of the debtor or any of his affiliates. I have no document or information. They must have mistaken me for another person somehow. We actually researched the debtor and found a person with my name he is affiliated with.

    I have attempted to contact the law firm numerous times and I have left numerous messages. They always say they are out of the office and they never return my calls. Do I need a lawyer ? If so what type? If I do make contact with the firm what documents do I need to be released from the subpoena

  2. #2
    Join Date
    Oct 2016
    Posts
    3,240

    Default Re: Mistaken Identity

    You have no documents so there can be no documents to be released. Your response to the letter should simply be that you have no record of the debtor.

  3. #3
    Join Date
    Oct 2019
    Posts
    2

    Default Re: Mistaken Identity

    I have been ordered to appear at a bank 10/25 at 10 am . I work full time and have a busy family. I dont intend on driving an hour away to appear at this location.

  4. #4
    Join Date
    Oct 2016
    Posts
    3,240

    Default Re: Mistaken Identity

    Quote Quoting Mkey
    View Post
    I have been ordered to appear at a bank 10/25 at 10 am . I work full time and have a busy family. I dont intend on driving an hour away to appear at this location.
    Hence, my suggestion to respond via a letter.

  5. #5
    Join Date
    Jul 2018
    Posts
    1,666

    Default Re: Mistaken Identity

    The rules relating to subpoenas in bankruptcy cases are found in Rule 45 of the Federal Rules of Civil Procedure.

    Does the subpoena you received require you to appear and testify or only to produce documents?

    Quote Quoting Mkey
    View Post
    I have been ordered to appear at a bank 10/25 at 10 am . I work full time and have a busy family. I dont intend on driving an hour away to appear at this location.
    A subpoena is not an invitation that you're free to decline. You're under a court order. If you just blow it off, you could end up being arrested or sanctioned.

    A letter to the lawyer who issued the subpoena that explains that you have no responsive documents and are not familiar at all with the persons or events involved in the case would be a smart thing.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,624

    Default Re: Mistaken Identity

    Quote Quoting Mkey
    View Post
    I have been ordered to appear at a bank 10/25 at 10 am . I work full time and have a busy family. I dont intend on driving an hour away to appear at this location.
    Stop trying to call the attorney. Send him a letter, snail mail, saying that you do not know the creditor and that you have no documents relating to the creditor. Copy the court with the same letter, copy the creditor as well if their info appears in the letter you received.

    Did this "order" for you to appear at a bank have a judge's signature on it?

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