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I have several Small Claims court judgments in my name here in Indiana. I need to send a subpoena to a fellow creditor to obtain a document, specifically a copy of my judgment debtor's credit application, which will assist me in locating him. I just need the document sent to me, I don't need the creditor to appear in court. Is a subpoena duces tecum what I need? If so, where can I find one?
Unfortunately you cannot issue a subpoena without having some pending litigation. This means you would need to have a case open inorder to request discovery, otherwise you cannot subpoena records without pending litigation. I don't see why the fellow creditor would not be able to give you a copy of what you want. Once it is in the creditor's possession the document becomes their property and they can pass on the information to you, if they don't want to give it to you, then you are going to have a difficult time getting the document by subpoena and I would suggest using a skip tracer to locate the debtor.
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I have a judgment recovery business; I am a skip tracer. The judgments were assigned to me by the original plaintiffs, landlords who don't know where these debtors are. These debtors I have not been able to locate through my usual data sources, so I want to view a recent credit application that other creditors have in their possesion. These cases have not yet been satisfied; the original plaintiffs chose not to pursue any more legal action (interrogatories, etc.) when the debtors just disappeared. But they could have still pursued wage garnishment proceedings if they knew the debtor's current location. So I believe these cases are still open. I know that other people working in judgment recovery subpoena fellow creditors for documents on a regular basis. I just don't know anyone personally who I can ask for Indiana specific subpoena forms. I believe that a subpoena duces tecum from another state could be modified to be applicable in Indiana, I just don't know where to find one. If you need more information to assist me in locating the forms I am seeking, just let me know. Thank you.
I will opt out to see if another expert in your jurisdiction can provide further input. If they can some one will post a reply to your question.
The other expert is correct. A subpoena can only issue once a complaint has been filed. Nevertheless, if all you want is to see what an Indiana subpoena duces tecum looks like, one can be found HERE. There is very little difference in the format of subpoenas.
Experience: Experienced practitioner in areas of Divorce, Custody, Social Security, and Contract disputes.