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TexLaw
TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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i need to get a print out of the actual text messages on my

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i need to get a print out of the actual text messages on my husbands phone . How do i go about getting them?
Hi,

Thank you for your question. Text messages are very useful in court proceedings as they often show admissions of guilt and/or liability. To obtain a copy of the text messages, you must either have subpoena power of the court or have access to the subject's account.

In other words, if you are on your husband's account and have access to it, you can contact the service provider and ask for copies of the text messages on the dates you are looking for. If you do not have access to your husband's account, then you have three options: 1) get your husband's permission to obtain the text messages, 2) if you have litigation in court that has already started, send a "Request for Production" asking for copies of all text messages in the relevant time period, or 3) if you have litigation in court that has already started, obtain a subpoena form from the court to service on the service provider requesting that they send you copies of the text messages.

Please let me know if you have any further questions regarding this matter.

Best Regards,
ZDN
Customer: replied 4 years ago.

Well the account is in my name but Veizon keeps giving me the run around. So your saying I have a legal right to request a physical copy of any text messages I want without a subpoena.

Hi,

No. The only time you have a legal right to the text message is when you have a subpoena. Verizon has the legal right to refuse to provide you with a copy of the text messages (they can even do this when it is your own text messages you are after). However, if you do not yet have subpoena power (because there is no on-going litigation), the best way to get them is to seek them out nicely.

I would try contacting them and letting them know that you are seeking the text messages because they have important information on them that you need for work. Tell them that your husband is indisposed and cannot contact them at this time and you are looking to get ahold of these and could they please help you out. Maybe by not letting them know there is a controversy involved with the text messages, they may turn them over. Also ask if there is any form that you can fill out to get the requests.

Nevertheless, Verizon has a policy that they will not provide text messages to anyone (even if they are your own text messages) without an order from the court (or a subpoena). They are a tough cookie.

Let me know if you need further information.

-ZDN
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