Legal Question in Credit and Debt Law in Texas

Credit Card Fraud, Small Claims, Subpoena ISP, Doable?

Someone committed credit card fraud against me with web merchants. For various reasons, I want to pursue this. The records are excellent, actual dialup machine addresses and dates/times.

I am thinking about filing in small claims against ''John Doe'' at ''Network Company'' and obtaining a subpoena for the culprit's identity. I would then update the complaint with that name.

Q. Clever or stupid?

Q. The network company may be able to charge for the retrieval. What might this cost?


Asked on 9/07/02, 11:10 am

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Credit Card Fraud, Small Claims, Subpoena ISP, Doable?

First file a police report. Then discuss the matter with the District Attorney that handles that sort of crimes. They have the means to investigate, where you may be stumbling into a legal minefield. Consider being sued for slander if the address is spoofed, or the costs of defending a suit for serving a false subpoena.

Criminal investigation is best done by the experts. Help them, if they ask, but don't try to do their job.

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Answered on 9/07/02, 10:42 pm


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