Served with a Subpoena

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Mayfriday0529

Diamond Member
Sep 15, 2003
7,187
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Someone dropped off yesterday a subpoena at my house for me. Basically I got served to go testify in January for something that I have no idea about. It seems to be related to a car accident that I had back in 2003; which has been already settled.

The plaintiff is a Medical Supply company and I?m also under plaintiff as a/a/o? Whatever that means and the defendant is my car insurance company. On top of being served attached to the subpoena there is a check written to me; check is under $50.

Anyone have a similar experience?
 
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JeffreyLebowski

Lifer
Aug 23, 2000
15,509
1
81
Read everything very carefully. If they send a check, sometimes cashing it can be taken as a sign of settling the matter, thus they get out of the situation a lot cheaper.
 
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Mayfriday0529

Diamond Member
Sep 15, 2003
7,187
0
71
Originally posted by: JeffreyLebowski
Read everything very carefully. If they send a check, sometimes cashing it can be taken as a sign of settling the matter, thus they get out of the situation a lot cheaper.
Click to expand...

I read it, it mentions nothing about the check. The main points specified are:
Show up on January (address and time given)
In regards to accident on (date), bring any medical equipment given to you (what equipment)
Failure to show up, hold me on contempt of court, will have to pay defendant fees if that happens.

The plaintiff representing party is listed and also the defendants. Maybe I should call the plaintiff's lawyer?
 
Sphexi

Sphexi

Diamond Member
Feb 22, 2005
7,280
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0
Did you get any medical equipment after the accident? If you didn't, you might not have to show up, call them and figure it out, they may have just called on everybody involved in the accident, regardless as to if you got their equipment or not.
 
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Mayfriday0529

Diamond Member
Sep 15, 2003
7,187
0
71
Originally posted by: Sphexi
Did you get any medical equipment after the accident? If you didn't, you might not have to show up, call them and figure it out, they may have just called on everybody involved in the accident, regardless as to if you got their equipment or not.
Click to expand...

I went to a chiropractor for treatment. I think i was given a pillow and maybe one those warming pads. stuff that never worked, ended in the trash.

My guess is that the company that supplied the chiropractor with equipment is suing State Farm.

Still pain in the ass if it is since I have to miss a day from work.
 
T

Tobolo

Diamond Member
Aug 17, 2005
3,697
0
0
Originally posted by: Jnetty99
Originally posted by: JeffreyLebowski
Read everything very carefully. If they send a check, sometimes cashing it can be taken as a sign of settling the matter, thus they get out of the situation a lot cheaper.
Click to expand...

I read it, it mentions nothing about the check. The main points specified are:
Show up on January (address and time given)
In regards to accident on (date), bring any medical equipment given to you (what equipment)
Failure to show up, hold me on contempt of court, will have to pay defendant fees if that happens.

The plaintiff representing party is listed and also the defendants. Maybe I should call the plaintiff's lawyer?
Click to expand...

The check that accompanies the letter is basically a good faith payment for your testamonu. Rest assured that if they are paying you then you aren't on trial or anything. You are being called as a witness for the Plantiff. If you want clarification, call the county clerk in the county in which the sup was issued.
 
kranky

kranky

Elite Member
Oct 9, 1999
21,019
156
106
Originally posted by: IcebergSlim
Take the 5th. You don't have to say anything.
Click to expand...

Often you DO. You can "take the fifth" to avoid self-incrimination, not to avoid answering any question on any topic. If the OP is asked (for example) if he was given medical equipment, he can't refuse to answer by citing the Fifth Amendment. There's no aspect of self-incrimination involved in that question.
 
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Mayfriday0529

Diamond Member
Sep 15, 2003
7,187
0
71
Originally posted by: sourceninja
Contact your insurance company then, they are a plaintif as well right?
Click to expand...

no.
I think I'm on my own unless i get my own lawyer. I had a personal lawyer for my car accident because I sued the guy who hit me. I also had a State Farm appointed Lawyer because I was getting sued by the other driver.
I settle my lawsuit and he settle his lawsuit that was like more than a year ago.

This is case reads
Medical company , a/a/o Jnetty99 (plaintiff)

v.

My Car insurance company
 
I

IceBergSLiM

Lifer
Jul 11, 2000
29,932
3
81
Originally posted by: kranky
Originally posted by: IcebergSlim
Take the 5th. You don't have to say anything.
Click to expand...

Often you DO. You can "take the fifth" to avoid self-incrimination, not to avoid answering any question on any topic. If the OP is asked (for example) if he was given medical equipment, he can't refuse to answer by citing the Fifth Amendment. There's no aspect of self-incrimination involved in that question.
Click to expand...

you can always refuse and take the contempt charge.
 
M

Mayfriday0529

Diamond Member
Sep 15, 2003
7,187
0
71
Originally posted by: Tobolo
Originally posted by: Jnetty99
Originally posted by: JeffreyLebowski
Read everything very carefully. If they send a check, sometimes cashing it can be taken as a sign of settling the matter, thus they get out of the situation a lot cheaper.
Click to expand...

I read it, it mentions nothing about the check. The main points specified are:
Show up on January (address and time given)
In regards to accident on (date), bring any medical equipment given to you (what equipment)
Failure to show up, hold me on contempt of court, will have to pay defendant fees if that happens.

The plaintiff representing party is listed and also the defendants. Maybe I should call the plaintiff's lawyer?
Click to expand...

The check that accompanies the letter is basically a good faith payment for your testamonu. Rest assured that if they are paying you then you aren't on trial or anything. You are being called as a witness for the Plantiff. If you want clarification, call the county clerk in the county in which the sup was issued.
Click to expand...

I'll check that out, It was issue in Queens, NY.

There is also a number to call. It says to call 48 hours prior to the meeting. Looked up the number and no hits, but in the rest of the paperwork the number is under the attorney for the defense.
 
Fingolfin269

Fingolfin269

Lifer
Feb 28, 2003
17,948
34
91
I thought you had to be personally served with subpoena papers. I didn't think they could just drop them off with someone else. :p
 
Jeeebus

Jeeebus

Diamond Member
Aug 29, 2006
9,181
901
126
Originally posted by: Fingolfin269
I thought you had to be personally served with subpoena papers. I didn't think they could just drop them off with someone else. :p
Click to expand...

New York is fairly liberal in how service is accomplished. If it was dropped off with someone of suitable age who's not mentally handicapped, it'll be valid.

In any regard, the best information you're going to get is by calling up the clerk of the court. If the subpoena doesn't have the clerk's info, you can just google it. The subpoena at least contains the name of the court.
 
M

Mayfriday0529

Diamond Member
Sep 15, 2003
7,187
0
71
Originally posted by: Jeeebus
Originally posted by: Fingolfin269
I thought you had to be personally served with subpoena papers. I didn't think they could just drop them off with someone else. :p
Click to expand...

New York is fairly liberal in how service is accomplished. If it was dropped off with someone of suitable age who's not mentally handicapped, it'll be valid.

In any regard, the best information you're going to get is by calling up the clerk of the court. If the subpoena doesn't have the clerk's info, you can just google it. The subpoena at least contains the name of the court.
Click to expand...

Someone in my home signed for it, so i guess that made it valid. Not the first time, when I got sued because of the card accident they again left it while i was not home.


After reading this more throughly apperently i'm a witness for the defense.

This is what it says
GREETINGS:
YOUR ARE HEREBY COMMANDED to appear at an Examination Before Trial to be held at (location and time ommited), and at any recessed or adjourned date and time of that trial, to testify and give evidence as a witness of behalf of the Defandant in the above-caption action. For failure to attend you will be liable for all damages sustained by the Defendant because of your failure to attend and to pay a penalty of $50 as well.
Click to expand...
 
Jeeebus

Jeeebus

Diamond Member
Aug 29, 2006
9,181
901
126
You're not being called to testify at trial. It's a deposition.

You can get out of it for undue hardship and such, but if you don't have any compelling reasons why you can't go... you're pretty much stuck.

I would still call the insurance company and inform them that you've been subpoenaed to testify. They might want to pay for you to have a lawyer.
 
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