Hello My father owns a very small business. He received a supena in the mail last week for the records of a man he refereed work to. However they are asking for his employment records. They are asking for Date of hire, time sheets, etc as if he was an employee. After contacting the man he informed me that he is sueing a company for injury and lost wages.
But he was never an employee. My father owns a glass and mirror company, he did the mirrors and reffered a handyman (the guy who is sueing,for injuries not related to any work referred by my father) too do the painting.
My dad is very ill is not in business anymore and unable to handle this issue. Can I file a motion to Quash? and if so how do I word the objection. Is there legal terms. Thank you
3 Answers from Attorneys
For a flat fee of $500, I would be pleased to assist your father with providing a response or objecting to the subpoena.
It may be easier and cheaper to comply with the subpoena than to make a motion to quash. Your father can comply by following the instructions in the subpoena and providing such documentation, etc. as exists. If a subpoena assumes the existence of things that don't exist, or facts that just ain't so, simply so state. Respond with the truth. If there are no records, say so.
I agree with Mr. Whipple. You only file a motion to quash if the subpoena is procedurally defective, or seeks privileged information, not if you do not have the documents.