Business records subpoena

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Business records subpoena

I received subpoena for business
records from past customer for services
done at rental property. Do I need to
comply with subpoena if customer owes
me money for services and we are in
process of suing them?

Asked on August 3, 2016 under Business Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have to comply with the subpoena for business records.  Discovery is part of litigation.  Either party can request documents, subpoena records, etc. in order to obtain information that can be used in support of their case. 
If the opposing party in your case does not have an attorney, he/she cannot issue a subpoena unless the court has authorized it.  If the opposing party has an attorney, the attorney can issue a subpoena.
If the opposing party in your case has not complied with the above requirements for issuing a subpoena, then you have grounds to challenge the validity of the subpoena.  If possible, try to have the subpoena invalidated in court prior to the deadline for producing the records.


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