The other day we were hired to remove a safe from a residence (still in both he and his wife's name) by a guy who was going through a contentious divorce.

He was there, her children were there, and a local Sheriff's Deputy arrived at one point. The children were attempting to prevent us from gaining access to the safe by parking a car (still in both the customer's and his wife's name) in front of the basement door. We pulled the car away from the door, and the Deputy told the kids he would arrest them if they interfered. Since everybody was being cool at that point he left.

Soon to be ex wife arrives and is not so happy. She's on the phone with her lawyer, he's on the phone with his lawyer, we have the safe on the truck. She keeps yelling that she's going to sue me, and I better be prepared.

Today a process server shows up, and for the first time since 1990, I'm subpoenaed twice. Once for a court hearing tomorrow morning, and again a few weeks from today for a deposition at her attorney's office.

I may be biased, but I believe that Ms. I'm Going To Sue You is attempting to punish me within her divorce process.

Although they forgot to properly check the box on the subpoena that requires an appearance, the rest of the information is there.

Do I take time off of my schedule to appear? Why set up a deposition two weeks from now if you already have me there for testimony? Is this even normal? Do independent third parties get drug into divorce problems regularly? If she's attempting to punish me via these subpoenas, what recourse to I have? Do I take this up with the judge?

I cannot emphasize enough how important it is that you consult a LOCAL attorney (if yours is not) on this. The answers to your very good questions will vary widely and wildly between jurisdictions and individual judges.

Better make a call or two now rather than after you get served with a show-cause order for failing to appear.

And yes, people go batshit crazy during any kind of family law proceeding. There can be much collateral damage.

-Rob

I have been subpoenaed more than once. The advice above is correct. Get a local attorney who knows the Judge and the lay of the land. His fees should be a business expense. He can file a motion to quash the subpoena or other legal maneuver. Divorces can be very contentious. Make certain your attorney is familiar with family law and the associated antics of some attorneys.

I've seen stuff like this in patrol on calls for service and also working the family law courts in my current department. Unfortunately, I've seen everybody from safe movers to car dealers to furniture movers end up in the middle of divorce cases. And I've been subpoenaed several times, even though all I did was make sure nobody got hit or hurt.

Attorney---quickly. And don't fail to show up in court.

quote:

Originally posted by BurtonRW:
And yes, people go batshit crazy during any kind of family law proceeding. There can be much collateral damage.
-Rob

I recall being told in law school that the practice area most likely to lead to an attorney getting shot is family law. People losing their money and kids go crazy.

And +1 on the OP calling a local attorney.

If your contract doesnt state that any lawsuits brought about as an outcome of the contract signed, the customer pays those bills too!

That's a general statement and I'm sure lawyers will poke a 1000 holes in it, but you get my gist. I hope.

quote:

Originally posted by a1abdj:
The other day we were hired to remove a safe from a residence (still in both he and his wife's name) by a guy who was going through a contentious divorce.

He was there, her children were there, and a local Sheriff's Deputy arrived at one point. The children were attempting to prevent us from gaining access to the safe by parking a car (still in both the customer's and his wife's name) in front of the basement door. We pulled the car away from the door, and the Deputy told the kids he would arrest them if they interfered. Since everybody was being cool at that point he left.

Soon to be ex wife arrives and is not so happy. She's on the phone with her lawyer, he's on the phone with his lawyer, we have the safe on the truck. She keeps yelling that she's going to sue me, and I better be prepared.

Today a process server shows up, and for the first time since 1990, I'm subpoenaed twice. Once for a court hearing tomorrow morning, and again a few weeks from today for a deposition at her attorney's office.

I may be biased, but I believe that Ms. I'm Going To Sue You is attempting to punish me within her divorce process.

Although they forgot to properly check the box on the subpoena that requires an appearance, the rest of the information is there.

Do I take time off of my schedule to appear? Why set up a deposition two weeks from now if you already have me there for testimony? Is this even normal? Do independent third parties get drug into divorce problems regularly? If she's attempting to punish me via these subpoenas, what recourse to I have? Do I take this up with the judge?

You are welcome to call me, since I do divorce, but I do that in Texas. As BurtonRW said, you need a Missouri lawyer, post haste.

Yes, you can be subpoenaed under these circumstances, and I wouldn't rely on a technical defect in the paperwork or the short notice to try to dodge it, unless your lawyer tells you that is okay. An irritated judge could send the sheriff to find out why you ignored the state's subpoena and remonstrate with you about your poor decision. (We lawyers are empowered to issue subpoenas in the name of the state.) Your lawyer may be able to finagle you out of this, but you may need to appear.

You probably aren't being punished - they want your testimony to show that the husband did this, which they probably believe he wasn't allowed to do.

(Shaql, the biggest hole is that being subpoenaed isn't the same as being sued. )

What do you really have to offer in this case, other than you were hired to move a safe and that you did what you were hired to do? Oh, I know...the adult kids and the soon to be ex-wife acted crazy and that the wife threatened to sue you. Yeah, you'd be my first witness...

quote:

they want your testimony to show that the husband did this, which they probably believe he wasn't allowed to do.

I've listened to a LOT of these domestic cases in court and totally agree that is why they want you to testify.

quote:

Originally posted by tgajak:
What do you really have to offer in this case, other than you were hired to move a safe and that you did what you were hired to do? Oh, I know...the adult kids and the soon to be ex-wife acted crazy and that the wife threatened to sue you. Yeah, you'd be my first witness...

There are good reasons why this testimony could be important.

No one wants to get drug into other peoples' lawsuits as witnesses, but it happens sometimes. I assume that if most of us were in a case where a third party's testimony was important, that we would want those people to come when required to do so by a subpoena. Outsider's testimony is often important, even critical.

Does she have an attorney?

Please read the OP statement.

quote:

they want your testimony to show that the husband did this, which they probably believe he wasn't allowed to do.

It's no secret that's what he did. His lawyer knew about it. Both of her children witnessed it. She witnessed it. He had a friend there as a witness. The Sheriff Deputy was there. I don't believe anybody is denying that he took the safe, so I don't know why they need me to say that he did.

quote:

Does she have an attorney?

Yes. The subpoenas are from her attorney.

quote:

There are good reasons why this testimony could be important.

Any reason an attorney would want testimony tomorrow, and then a deposition 2 weeks from now? Seems to me that any questions they have could be asked tomorrow, under oath, with a court reporter. And isn't that a bit risky? Asking a third party to testify in court prior to a deposition?

In any event, this is what they are asking for along with the deposition:

1) Any and all or any portion of the records, documents, notes, and other writings and information in your possession or under your control concerning your visit to (their address).

2) This includes, but is not limited to January 2017 to present, regarding the following information:

All documents reflecting correspondence with yourself and (the husband).

All documents reflecting correspondence with yourself and (the wife)

Any and all authorizations by (the husband) to remove items from the residence.

Any and all authorizations by (the wife) to remove items from the residence.

Any and all lists of items to be removed from the residence.

Any and all schematics or plans of the residence or showing where items could be located.

Any and all insurance policies in effect on August 31, 2020 for (my company)

Any and all pictures or videos of any person at (their address) or any property at or removed from (their address)

Any and all contracts by (the husband), (the wife), or any other person related to (their address).

Any and all records of payment for services by (the husband), (the wife) or any other person related to (their address).

Any and all recordings of conversations with (the husband), (the wife), or any other person related to (their address)

Any and all authorizations by (the husband), the wife) or any other person to tow vehicles at (their address).


Their list of wanted items is longer than the actual items I have to turn over to them. I'm a safe company. I'm not an architect, videographer, or a person that communicates with any of these persons outside of work. I have a work order and receipt from when we moved the safe in back in 2016, and a work order, receipt, and copy of the check from the work the other day.

Since they subpoenaed me today for a court appearance tomorrow, I also had to cancel previously scheduled work. That customer is not so happy. I'll probably be out $800-$1,000 due to this first subpoena, and the second is also in the middle of the day, which will cost me $500 or so if they keep me more than 2 hours.

I guess it was a subpoena duces tecum??? Your attorney should be able to answer all those questions. I would certainly ask about compensation for your time. A subpoena is not supposed to be punishment. Call JHE in Texas please.

As I sit at the courthouse. Outside due to Covid. On a bench. In direct sunlight.

Court staff says to remain until called, but that I may not be called. No way to know when that may or may not be.

quote:

As I sit at the courthouse. Outside due to Covid. On a bench. In direct sunlight.

Court staff says to remain until called, but that I may not be called. No way to know when that may or may not be.

^^^^^^^^^^^
I can relate. I sat outside the courtroom for an entire day. The case was continued and resceduled for four months down the road. At least I was paid for my time. The Judge could have cared less about my time. The Judge is now deceased. Hopefully you can be excused.

Do not pass this comment. Do not collect $200

And. For the love of all that is decent and holy. Do not consult “his” attorney.

quote:

Originally posted by BurtonRW:
I cannot emphasize enough how important it is that you consult a LOCAL attorney (if yours is not) on this. The answers to your very good questions will vary widely and wildly between jurisdictions and individual judges.

Better make a call or two now rather than after you get served with a show-cause order for failing to appear.

And yes, people go batshit crazy during any kind of family law proceeding. There can be much collateral damage.

-Rob

I’m not consulting his Attorney. My attorney was in court yesterday and I have yet to hear back from him. I got the subpoena yesterday afternoon for an appearance this morning. Not exactly enough time to get many ducks in a row.

Since I am not allowed in the building, I did want to know what the other parties involved looked like.

His attorney said that this was a non-testimonial hearing, so he has no idea why they would subpoena me here today as a witness.

I know.

Yeah, I’m sorry. Based on what you seem to know it sounds like the wife wants to punish you while further punishing husband through you.

I’d rather have my toenails yanked out repeatedly than do family law...


Edit: my first comment was more directed at a mistake I’ve seen all too many times in situations like this where a vendor or other service provider basically gets in tighter with the side that isn’t trying to take his nuts through glass which only makes things worse because it infuriates the already irrational and in the end that side has his client’s best interests at heart, not yours

quote:

I’m not consulting his Attorney. My attorney was in court yesterday and I have yet to hear back from him. I got the subpoena yesterday afternoon for an appearance this morning. Not exactly enough time to get many ducks in a row.

^^^^^^^^^^^
Typical. There are certain rules about sufficient and proper notice.