Can I sue(and win) against a credit reporting agency for failing to comply with a subpoena ?

[leskoB]

Did you follow the proper procedure for obtaining and serving the subpoena? If the agencies do not comply with a properly executed subpoena, you could file a motion to compel.

https://www.utcourts.gov/en/legal-help/legal-help/procedures/subpoena.html

Is a motion to compel and Motion to show cause both options when a party refuses to comply with a subpoena?

 

[quincy]

Is a motion to compel and Motion to show cause both options when a party refuses to comply with a subpoena?

Did the agency file objections to the production of the material you requested?

If the agency is ignoring the subpoena, you would file with the court a motion to compel.

 

[Taxing Matters]

Anyway back to the subject at hand, a valid subpoena was ignored without a legal reason.

You don't know that the credit bureau "ignored" your subpoena nor do you seem to know what reason it had, if it had one, for not responding (at least so far) to your subpoena. The credit bureau may have not ignored it but instead reviewed it and made a decision not to comply for some reason. You won't know if whatever reason it may have is valid until you hear what it is. File the motion to compel and if the credit agency has a valid reason for not producing the material you asked for it will put that in its response. Then you'll know what it is you're dealing with.

 

[adjusterjack]

You don't get it dude. They are the ones who are not following the required legal process.

No, YOU don't get it. They have (allegedly) done wrong. YOUR remedy is to go to court and get a court order. You just don't want to do that.

I asked what allows them to refuse a subpoena and no one can come up with anything.

Because nothing ALLOWS them to do it.

Again, they have (allegedly) done wrong. YOUR remedy is to go to court and get a court order. You just don't want to do that.

Anyway back to the subject at hand, a valid subpoena was ignored without a legal reason. So who is not following the legal process?

If, as you allege, they have wrongly ignored the subpoena, the burden falls back on you to go to court and prove that they wrongly ignored the subpoena. That's the remedy part of the "legal process."

If you don't avail yourself of the remedy part of the "legal process" they can continue to ignore you with impunity.

If you aren't getting that yet, I suggest you consult an attorney.

 

[quincy]

They will apparent comply with a court order ... What also makes this egregious is that the same court issued a court order for this identical information a few years ago but I needed an updated copy with the new information since then. So they are playing the same little games as they did before.
...

It seems to me that, if you went through this once before with the credit agency, you could have saved yourself some time and aggravation by getting a court order in the first place.

Now you will need to go to court and file a motion to compel.