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I'm worried that my husband, for whom I have a medical POA…

Customer Question
I'm worried that my...

I'm worried that my husband, for whom I have a medical POA and is currently living out of the home, has resumed using drugs. I want to get copies of text messages he has sent on phones owned by me.

Lawyer's Assistant: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?

NM No paperwork

Lawyer's Assistant: Have you talked to a lawyer yet?

I talked with a lawyer about the possibility of getting the messages, he told me to go to AT&T; they told me they would be happy to give me copies going back 16 months but I need a court order, which they can provide.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

So basically I'm trying to figure out if I can simply fill out the form AT&T provides and that NM will grant me a court order

Submitted: 11 months ago.Category: Legal
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Answered in 19 minutes by:
9/8/2017
Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Lawyer: Legal Eagle, Lawyer replied 11 months ago
Good question. Unfortunately, without legal action pending, you won’t be able to have the court issue a court order. Many times, a court will issue a subpoena to a company like ATT when there is litigation and ATT has documents or other information that will be helpful in resolving the case. However, if there is no active litigation, then the court can’t grant it. Therefore, unless you are petitioning the court for some other reason, then ATT won’t have to give up the information and the court won’t be able to grant an order.Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.
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