Legal Question in Technology Law in California

I recently had more than $3000 stolen from a bank account by someone using my name, address, and debit card number. My bank agreed to reverse some of the charges, but not all of them - claiming that the span of time between the first and last fraud incident was too great to cover (Sept 10 - Jan 11). I have contacted the companies associated with the charges and got most of them reversed.

Some were willing to give me information about the accounts that were opened in my name and some were not. The current information I have points to an individual in a California city that I do not know as the perpetrator, but I would like each affected company to send information that cooberates my findings. I have filed an incident with the local sheriff but I was told that no investigation would be done because they usually cannot find the perpetrator and they are often overseas. In my instance, however, I feel I have strong evidence that points to a domestic perpetrator.

The companies that refuse to release information to me about the accounts opened and fraudulently paid for are asking for a court order to release documentation about the accounts to me. Most of the information I have read about court orders seem to indicate that a case must be before the court in order to receive a subpoena. Since I'm merely collecting evidence to turn over to the police, how can I get a court order?

I have an IP address which is identical at three of the companies which accepted the fraudulent charges, and the IP address points to a DHCP pool at Charter communications. Can I subpoena Charter to release that information to me? What do I need to do?

My overall goal is to provide law enforcement with the name of the criminal so that they can be arrested for this crime.


Asked on 1/28/11, 8:44 am

1 Answer from Attorneys

Isi Mataele 'Isi Mataele Attorney at Law

Unless you have a case you cannot issue a subpoena. You need to open a case by suing someone over something or you no subpoena.

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Answered on 1/28/11, 9:44 pm


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