Jun
02
I need to prove my ex works as he gets cash in hand and owes me money but I dont have an attorney and have been told by legal aid that I would need to subponea his books and his bosses books to prove he works, he is a subcontracter and not sure what to do when I dont have an attorney.
Are you thinking about selling your home yourself? then
If you had the money to hire an attorney that would be great, but the only thing the attorney would do for you is to draw up an affidavit.
Anyone who is seeking a subpoena, or a court order they have to write up an affidavite giving all the important information, what they are looking for, where they might find the information and if/when they do find the information what is it going to prove.
If you can write one up with all that information in it you can file with a judge requesting a subpoena. It will be up to the judge to read your affidavit and determine if you have supplied enough information to prove this evidence exists.
Most towns have legal document stores where you can go in and purchase what legal documents you need. Check your local listings.
You need an attorney.
Yes, you need an attorney. The subpeena has to be signed by a judge. Your mouthpeice has to be an attorney.
The Rat
You need to get an attorney. Before you can get a subpoena, you must file an action in Court and have your ex served. Then, depending on the laws of your state, you can get a subpoena by order of either a judge or court clerk. If the $$ owed is due to child supoort, most states have agencies that will file the action for you (although the process can be painfully slow).
You pretty much need a lawyer. It sounds like you’d have to petition the court to issue the subponea, which is nearly impossible to navigate on your own.
Get an attorney who can obtain a court ordered subpoena, or hire an investigator to conduct surveillance of his job site, etc. Of course these two options are costly, and I don’t know the amount you are owed. You have to weigh cost over return value.
Since he’s a subcontractor, he’s not going to be considered an employee. His business is being paid by the contractor, not him. Depending on if he’s smart enough the business may not be legally "his," and thus he can get away with it.
Sorry, but in this type of case you’re going to have to find a lawyer that’s willing to take the case for a % of what they collect, and that will probably be a good bit.
you do not have a subpoena problem – you have a discovery problem.
you can certainly represent yourself in court and subsequently motion to have a subpeona issued if the judge agrees with your argument. the but part – the guy is paid in cash, for as long as it is not under the table there has to be a receipt and an invoice made out.
i highly doubt that that is the way this thing plays – what is your hunch?
i hate to say it, but unless you can literally show that there is money exchanging hands you have nowhere to go and to proof this up is almost an impossible task.
sorry for not being able to have better news for you
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