The first question is that I thought a Subpoena had to be personally served?
A: Service of a subpoena by regular mail is insufficient, “because the court cannot be assured that delivery has occurred.” Firefighter's Institute for Racial Equality ex rel. Anderson v. City of St. Louis (8th Cir. 2000) 220 F3d 898, 903.
However, if your son resides with you, then the subpoena may be notice
provided to your son, which must occur before it is personally served on you -- because, your son as debtor is entitled to notice of the attempt to obtain records, so that he may attempt to quash service and production before the subpoena is served. FRBP 45(b)(1) Adv. Committee Notes and Comments thereto. Therefore is this legitimate?
Second question this was filed @ United States Bankruptcy Court Central District of California, San Fernando Valley Division. This is LA County. I reside in SLO County, wouldn't they need to go through the Court in this county to file?
A: The Central District of California is the largest Bankruptcy Court in the United States. Presently, the District holds court in Los Angeles, Riverside, Santa Ana, Santa Barbara, and the San Fernando Valley. If you are in San Luis Obispo, then you are not in the Central District. However, if the place of deposition is within 100 miles of your location, then the subpoena would be valid -- were it not invalid for the reasons already explained. FRBP 45(b)(2). Third question is they are requesting that I am to appear for recorded examination in Bakersfield Ca. June 4, 2013. This over 120 miles from residence, I thought they had to be within 100 miles, and they needed to pay $40.00 per day, along with mileage.
A: See above, re fees and mileage -- the witness fee is $40, plus mileage, and it must be tendered simultaneous with the subpoena or service is invalid. CF & I Steel Corp. v. Mitsui & Co. (USA) (9th Cir. 1983) 713 F2d 494, 496.
Fourth question is there any thing I need to file to court about not being able to appear?
A: Since the subpoena is apparently invalid, you can ignore it.
Hope this helps.