Filing a Subpoena for Information from PayPal for a NYC Small Claims Case

[jrlaudio]

What is the name of your state (only U.S. law)? New York

I need to send a subpoena for information on a chargeback litigation for my roommate. He was not able to be involved in the arbitration due to PayPal privacy policies. PayPal did not win the chargeback dispute and my mates only remedy is to sue the buyer, who neither returned the $2000 item nor (I suspect) gave full disclosure to his credit company as to the terms and specifics of the transaction, in order to fraudulently receive a successful chargeback result.

So I need to subpoena PayPal (and possibly eBay as well) for any information related to the arbitration and other information of the buyer (such as the credit card issuer, instrument brand and bank, etc.) in regards to this transaction; as well as information from various eBay and PayPal dispute cases the buyer opened and lost. PayPal states it will release this information with a subpoena or court order.

I do realize I need to file a claim and have a court index. The Plaintiff and Defendant are both located in New York City and this is where the claim will be filed. Once I do this however. since PayPal Holdings is located in California, am I correct in assuming a subpoena issued for a small claims case filed in New York carries no weight in California? Is it true a small claims judge in New York cannot hold an entity in another state in contempt for failure to provide the information ordered in a civil matter? Do I need to have a subpoena issued by a California court? How would I do that, considering the small claims case is in New York?

Also if this is the case, could I go to a Federal Court instead to obtain a subpoena for a small claims case?

My roommate is a retired NYPD officer on a disability pension with a low fixed income and cannot afford a lawyer, and he is forced to have me serve the subpoena and appear in court on his behalf. I am not a lawyer. However, I do prepare well and follow due diligence in most things, including three previous and successful small claims cases for myself. So I do have at least a working, albeit rudimentary, understanding of the procedures.

Thanks in advance for any help and information anyone can provide to help a disabled NYPD officer.

 

[racer72]

Unless you are a licensed attorney, you can do nothing. It is called practicing law without a license.

 

[jrlaudio]

It's small claims

It's small claims. Anyone one over 18 years old can appear, file claims, or request subpoena's in small claims, at least in New York. You are misinformed.

 

[LdiJ]

It's small claims. Anyone one over 18 years old can appear, file claims, or request subpoena's in small claims, at least in New York. You are misinformed.

On behalf of themselves, yes...on behalf of someone else, that's another story. Make sure you are absolutely correct about that before you potentially cause yourself and your friend a lot of problems. I suspect that you will find that you are wrong, unless NY is different than every other state in the US.

 

[justalayman]

It's small claims. Anyone one over 18 years old can appear, file claims, or request subpoena's in small claims, at least in New York. You are misinformed.

are YOU suing the seller? If not, it is not your suit and as such, you can be nothing more than a witness for your mate. I believe in New York you can use a lawyer in small claims but unless you are a licensed attorney, you cannot act as an attorney for your mate. That is the unlicensed practice of law.

 

[latigo]

It's small claims. Anyone one over 18 years old can appear, file claims, or request subpoena's in small claims, at least in New York. You are misinformed.

No, Mr. Wisenheimer! You are the person that is misinformed!

Laws prohibiting the unauthorized practice of law obtain in all New York state courts; supreme court, county court, town court, village court, family court, court of claims, court of appeals and SMALL CLAIMS COURT!!!!

And obviously you are fully aware that in assisting your friend as described you are engaging in the unauthorized practice of law. Otherwise you would not be falsely announcing that it is okay in small claims.