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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16154
Experience:  Licensed Texas General Practice Attorney
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I have been ask to provide documents through sopena but all

Customer Question

I have been ask to provide documents through sopena but all documents got destroyed
Submitted: 3 years ago via Cornell Legal Info Institute.
Category: Legal
Expert:  ScottyMacEsq replied 3 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

If you do not have in your immediate possession these documents, nor access to them, you should still respond to the subpoena and provide whatever you can, as well as a letter indicating that certain records (indicate which) are believed to have been destroyed. If you have a company, you should say that this is normal business practice to periodically destroy records, etc... and that this was before there was any belief that they could be subject to subpoena or relevant in any investigation or litigation.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

it was not due to fact of normal coarse of busineswere our faculty was vandalized where we kept documents

ScottyMacEsq :

I'm sorry that you feel that this was bad service. You did not explain the circumstances that the documents got destroyed. Please understand that 99% of the time that documents get destroyed, it's because of a normal business situation.

ScottyMacEsq :

You did not mention that your facility was vandalized in the initial statement. If you need more information or want further elaboration, please let me know. My statement is still good, in that you're obviously not obligated to turn over documents that do not exist.

ScottyMacEsq :

Can you please elaborate why you feel that this is bad service? Again, even though the reason that the documents were destroyed was different than what I mentioned, the response would be the same (in that you would tell them that the documents were destroyed due to X, and that you cannot produce them.

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

ScottyMacEsq :

My apologies, but I must assist the other customers that are waiting. Again, please don't hold against me information that you did not disclose. I answered it according to information that you had provided, and only after you rated it as bad service did you mention that this was destroyed due to no fault of your own. Again, if you have any other questions, I am absolutely happy to help and want to make certain that you're satisfied with your answer. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, if applicable. Thank you, XXXXX XXXXX luck to you!

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