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subpoena witness

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joseph17

Guest
What is the name of your state? NJ

Have a small claims action against an oil change company and the dealer's service mechanic found the mistake. I now need to subpoena the mechanic working for the dealer, but he only has a "technician #", rather than a name. Calls to the manager to discuss the subpoena and the mechanic's name, have gone unanswered.

Is there a way I can "force" the dealer to reveal the actual name of the mechanic so that I can fill out the subpoena form properly, before the Court signs it?

What if the dealer/mechanic decides not to cooperate? Are their penalties for not cooperating/appearing?

any suggestions would be appreciated...court date is July 30. thanks
 


stephenk

Senior Member
go to the dealership and speak with the service manager and explain the situation.

If he doesnt provide you the name, tell him that you will subpoena him to the small claims trial as the person most knowledgable on behalf of the service department.

Im sure at that point he will give you the name of the employee.

If you show proof of service of the subpeona at the time of the trial and there has been no compliance, the court can order that person to appear.

In my experience, typically a call from the court to the person telling them that a marshall will show up and bring them to court in handcuffs usually gets them to comply.
 
J

joseph17

Guest
NJ

thanks, Stephenk.
Shortly after writing here for advice the service manager called and gave me the mechanic's name!
Joe
 

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