Are Virtual Office mail uploaded to the cloud fair game for subpoenas ?

[quincy]

When a company outsources an entire department to a 3rd party.

Is that 3rd party subject to the same subpoena as if they were the company being sued(like an extension of that company) or can this be used to shield incriminating documents/activity?

Some companies might just have a single owner but company has a lot of outsourced parts working together to product a product or service.

Thanks.

You can serve subpoenas on anyone who has information you need, if you can afford to do this. For a court to issue a subpoena, however, there needs to be some support for its issuance. You cannot just use subpoenas to fish for information. There must be a valid basis.

You are probably best off concentrating first on your defendant and subpoena what you need from him.

 

[Taxing Matters]

When a company outsources an entire department to a 3rd party.

Is that 3rd party subject to the same subpoena as if they were the company being sued(like an extension of that company) or can this be used to shield incriminating documents/activity?

I'm beginning to think you are really asking these questions in an effort to try to figure out a way to run a business and avoid someone being able to reach documents your company has produced or stored if there is a lawsuit.

Again, if someone sues Company A they'll get the information that Company A has using discovery, which for the most part requires Company A to disclose information to the other party without the need for any subpoena. Subpoenas are generally used to get testimony and documents from persons other than a party to the lawsuit. If Company A contracts out certain operations to Company B, Company B would indeed be subject to subpoena for testimony/documents that are relevant to the dispute.

You aren't going to find a business structure here that will shield company documents from subpoena or other discovery.

 

[ApolloLordofSpace]

What is the reason for the lawsuit?

What are you hoping to learn from the subpoenaed documents?

My business provided him with goods and services rendered but not paid for. Then he dared me to sue him. Saying that better people have tried and failed and how he knows all the tricks to get out of debt.

 

[quincy]

My business provided him with goods and services rendered but not paid for. Then he dared me to sue him. Saying that better people have tried and failed and how he knows all the tricks to get out of debt.

So ... this is a debt collection action? How much does the fellow owe?

 

[ApolloLordofSpace]

So ... this is a debt collection action? How much does the fellow owe?

I guess it is. I need to know what he owns and where its located.

 

[quincy]

I guess it is. I need to know what he owns and where its located.

Have you sued him already? Do you have a judgment? If not, you start with the lawsuit. Follow that with discovery.

 

[ApolloLordofSpace]

I'm beginning to think you are really asking these questions in an effort to try to figure out a way to run a business and avoid someone being able to reach documents your company has produced or stored if there is a lawsuit.

Again, if someone sues Company A they'll get the information that Company A has using discovery, which for the most part requires Company A to disclose information to the other party without the need for any subpoena. Subpoenas are generally used to get testimony and documents from persons other than a party to the lawsuit. If Company A contracts out certain operations to Company B, Company B would indeed be subject to subpoena for testimony/documents that are relevant to the dispute.

You aren't going to find a business structure here that will shield company documents from subpoena or other discovery.

Incorrect. I am not looking for business formation suggestion but rather trying to understand how they can be served a subpoena since they are technically out of state.

I looked up the company's website and address. It tracks down to a location in a virtual office out of state.

I am wondering if that virtual office is considered an extension of the person named in my lawsuit.

If a supoena can go across state lines because they have enough business ties in the state to justify it. If this virtual office can be treated as the defendant's back office, his business partner or corporate office, since its address is listed as the defendant's business address.

Alternatively. I believe the process to get a subpoena issued out of state would raise the cost significantly.

On paper at least, this virtual office address is the defendant's corporate office location. I am asking if it can be treated as such for subpoena purposes.

 

[ApolloLordofSpace]

Have you sued him already? Do you have a judgment? If not, you start with the lawsuit. Follow that with discovery.

Yes, these are supplemental action using the court to enforce and collect a judgement. His website list his corporate office at the same location as a virtual address.

If you did not know better, you would show up at his address to try to collect on a judgement. A google search of that address reveals its a company which does virtual office and other business service to try to fool people into thinking the company is located in a normal looking upscale office building and its a legitimate business.

On closer look, its a fake business front run by a 3rd party design to fool people.

 

[quincy]

Do you know anyone who personally knows the judgment-debtor?

How much is the judgment?

 

[Taxing Matters]

I am wondering if that virtual office is considered an extension of the person named in my lawsuit.

No idea since you've not provided any details to sort this out. I asked you before how the business is organized — LLC, corporation, or what? That question went unanswered. And who is the judgment against, an individual or that business? And this other remote location, is that organized as some separate LLC, corporation, or whatever?

If a supoena can go across state lines because they have enough business ties in the state to justify it. If this virtual office can be treated as the defendant's back office, his business partner or corporate office, since its address is listed as the defendant's business address.

Alternatively. I believe the process to get a subpoena issued out of state would raise the cost significantly.

If that business you want to serve does not have a location in the state you got the judgment then you'll need to domesticate your judgment in the other state and use the courts of that other state to enforce the judgment, including issuing any subpoenas in that state. And yes, that adds to your cost.

On paper at least, this virtual office address is the defendant's corporate office location. I am asking if it can be treated as such for subpoena purposes.

Again, details of how the business is organized is needed, as well as the details of the judgment. I think you'd do well to consult an attorney in the state where you have the judgment as starting point to sort this all out.