• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Phone records subpoena

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

BelgianGirl

Junior Member
What is the name of your state? Illinois

I have been receiving harassing phone calls on my cell phone from a number that comes up as "unavailable". My phone service provider says they cannot give out the information on the caller without a subpoena. How difficult/costly is it to obtain a subpoena for this? I find it curious that I don't have a right to know who is calling me, but they have a right to harass me anonymously.
 


xylene

Senior Member
Have you informed your telephone provider of the harrassing calls?

What do you want the number for? You can't counter-call a harasser.

Have the telephone co. block that caller.

If it persists contact the police.
 

BelgianGirl

Junior Member
Yes, I told my provider about the calls. They agreed that it was harassment and said that all they could do for me was change my number, which is inconvenient but may be necessary. I don't want to counter-harass whoever it is. If it is someone I know (which I have a suspicion that it is) I could just confront them about it. But if getting a subpoena is a huge PITA, then it's not worth it.
 

xylene

Senior Member
So you didn't contact the police

and you didn't enforce your rights with the phone company.

DO not let them push you around.

You do not have to change your number for them to block a specific caller, even an 'unlisted one'

I don't mean block all unlisted callers. Just the one harrassing you.

If they say they can't, you say. "WRONG. I pay a fortune for this service and you WILL fix my problem. NOW!" And keep calling until they do actually resolve it.
 

fairisfair

Senior Member
So you didn't contact the police

and you didn't enforce your rights with the phone company.

DO not let them push you around.

You do not have to change your number for them to block a specific caller, even an 'unlisted one'

I don't mean block all unlisted callers. Just the one harrassing you.

If they say they can't, you say. "WRONG. I pay a fortune for this service and you WILL fix my problem. NOW!" And keep calling until they do actually resolve it.

you do if verizon is your provider. :(
 

BelgianGirl

Junior Member
Verizon would be correct.

edit: You are right about not being a pushover though. I'm sure if I make enough noise they will somehow find a solution. And going to the police will be my next step.
 
Last edited:

CdwJava

Senior Member
In order to obtain a subpoena, you will likely need to have a civil or criminal case pending. You cannot have a criminal case without a police report for annoying or harassing calls - whether this is a crime in IL I cannot say for sure, but I imagine it is. And a civil case might be expensive for you to initiate.

What is being said during these harassing calls?

- Carl
 

BelgianGirl

Junior Member
Nothing is being said...I can hear background noise and breathing sometimes. It waits until I start talking to hang up. Before I caught on, I would just answer the phone normally and it would hang up almost immediately, or else when my voicemail picked up. Lately I have been answering, not saying anything for a while, and it stays on the line until I say something. Not terribly dramatic, I know, but it is happening a LOT.
 

CdwJava

Senior Member
It could be misdials ... and without anything being said, it may not fall under your state's criminal statutes. But, you can always ask.

Out here if you get a police report number and provide it to your phone provider, they can sometimes put a "trap" on the line thus obtaining the phone numbers that call you. They will then send that information either to the subscriber or to the police after 30 days. Perhaps you can contact your provider and ask about a "phone trap" or ask them how they can help you to stop the problem.

The alternative is to cancel your service, go with another provider and take your number with you to a provider that WILL help you out!

- Carl
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top