can i subpeona records thru small claims

What is the name of your state? california----hi. i was sold a vehicle with a junked non-recoverable title. somehow a junk yard in 1997 destroyed the car i have in my garage. the dmv wont give me the name of the junk yard. can i subpeona the records from the junk yard -or- the dmv before going to small claims. can i go to small claims and then subpoena. i dont know how this works. please help. thanks. steve

sawilliams said:

What is the name of your state? california----hi. i was sold a vehicle with a junked non-recoverable title. somehow a junk yard in 1997 destroyed the car i have in my garage. the dmv wont give me the name of the junk yard. can i subpeona the records from the junk yard -or- the dmv before going to small claims. can i go to small claims and then subpoena. i dont know how this works. please help. thanks. steve

Click to expand...

Small claims court first, but if you are in "Pro Per, then the judge of said court needs to subpoena.

hi---thanks for replying. do i file with the court, go to court and then a subpeona. or file in the court--and somehow get a subpeona before seeing the judge. the subpeona is to get evidence that i need BEFORE trial. whats pro-per. thanks. steve

Actually, 'More-Alice' is not correct.

"the dmv wont give me the name of the junk yard. can i subpeona the records from the junk yard -or- the dmv before going to small claims."
*** No. The reason is that you do not have the power to subpoena without a lawsuit having been filed.

"can i go to small claims and then subpoena."
*** In essence, yes. File your lawsuit first (this gives you the power of subpoena), then subpoena the records from the appropriate party.

"i dont know how this works."
*** California makes it fairly easy for a competent person to pursue a claim without an attorney (that is called 'pro se' or 'pro per').
In this case, since you are considering taking small claims action, I suggest you go to a local bookstore and get "How to Win in Small Claims in California". It is a very good book that will answer a lot of your questions.

As for the subpoena process, the form can be filled out online at:
http://www.courtinfo.ca.gov/forms/fillable/sc107.pdf

"thanks. steve"
*** You're welcome.