Question:

HELP!! someone is threatening to sue me!! what should I do?

by  |  earlier

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They are falsly accusing me of internet crimes. Do they need to sue me first in order to gain a subpoena to access personal info? or how does that work.... can they issue a subpoena before sueing me???

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5 ANSWERS


  1. If you committed a 'crime' then they don't really sue you. They file a police report. The police would then use that report and begin investigating. If they conclude that the crime was likely, a grand jury will be convened to allow them to search your personal information.

    Most important though, if they don't have evidence to support their claim, they may NOT search your private information. If they go ahead and take legal action, get a lawyer.


  2. If you are charged with internet crimes, then that is a law enforcement action, and they would not call you and say, Hey we are going to sue you.. You would be notified by an Officer and arrested.   Now if this is a civil action, and someone has threatened to sue you.. Yes, they must file the civil complaint, then you will be notified by receiving a subpoena. If I were you, I would take the time and the initative to contact an Attorney.  Remember, Criminal versus Civil..    

  3. I would have to say get as much proof as you can to show that you are innocent, and use it against that person who is sueing you. With proof such as time, date, bookmarks, web history that will show the judge and jury what you have been doing. If they say what you did doesnt show up then you won your case.

  4. No, they can't get a subpoena until a lawsuit is filed. Once it's filed they can get a subpoena from the clerk to require you to produce the records they ask for. You can then ask the court to quash the subpoena if it asks for information not relevant to the suit.

    Richard



  5.         I 'f they don't have the money (don't sweat it)

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