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In 2016 I received a subpoena for a warrant in debt from a…

Hi. In 2016 I...

Hi. In 2016 I received a subpoena for a warrant in debt from a company who did some water damage work in my home in 2014. However, after the subpoena was issue I recived a call and then a formal written letter from the plantiff attorney stating he was unable to be in court that day and to call his office to reschedule ; which I did and left a voice message. I also responded via email to him and hadn't heard from him or the plaintiff themselves again until yesterday. Yesterday I received a Subpeona duces tecum taped to my front door for this same case.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And when was the warrant issued?

So I called the General District Court and found out the attorney for the plaintiff did show on the date he said he could not attend and it was ruled in their favor and a judgement in debt was issued on me. How or which form do I use to file a motion to quash this deuces tecum? I am in Stafford, Virginia

Lawyer's Assistant: Has anything been filed or reported?

Not certain I follow? Was what filed or reported?

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

I am also going to file a motion to rehear which I would like to file jointly with the quash. ok, sounds good

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Answered in 1 minute by:
3/9/2018
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. There is no specific course of action is proposed and no attorney-client relationship or privilege formed within this conversation. (You may also be offered a phone call, but those don’t come from me and are offered by the website and you are under no obligation to accept.)

I am sorry to hear about this situation. Please tell me what state this is in? Thanks.

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Customer reply replied 1 month ago
Hi Ely. I am in Stafford Virginia
Customer reply replied 1 month ago
Hi Ely, thank you for extending the call to me however, I would like to keep the communication in written format so I have it to refer back to.

Thank you.

How or which form do I use to file a motion to quash this deuces tecum?

Not all motions have pre-made forms. Luckily, I have a good example of this motion. See HERE. This is what such a motion looks like. Reasons for the court sustaining the motion (agreeing to it) may be: inadequate time to comply, excessive travel requirement, requests information which is privileged or protected, undue burden, undue expense, and so on.

"I STRIVE FOR FIVE!" My goal is to answer your question to your satisfaction. Please rate with five stars (★★★★★) and click SEND. It does not cost anything extra to rate. You may need to scroll left/right/up/down to see these stars. Rating my answer the bottom two stars or failing to submit the rating reflects poorly on me, even if my answer is correct. If you are not satisfied for whatever reason, or, have follow up questions, please simply reply with SEND before or after rating and let's continue to chat until you are satisfied. This is what I am here for.

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Customer reply replied 1 month ago
Hi Ely. Thank you. I will review this and come back online if I have any more questions. You have been quite helpful. Have a great weekend.

You are very welcome. Good luck, and please don't forget to RATE my answer with five stars and then click SEND to submit that rating – it is the only way I get credit for my time with you – or, please use the SEND button to keep on chatting. "I strive for FIVE!"

Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 103,491
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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