Can I subpoena homeowners' records to prove payment to a contractor?

Full question:

In Virginia, I am a sub contractor filing a warrant in debt on a contractor i did work for, My question is, can I subpoena the records of the home owners or the home owners showing that they have paid the contractor for my work?

  • Category: Contractors
  • Subcategory: Construction Liens
  • Date:
  • State: Virginia

Answer:

In Virginia, only a court officer, like an attorney or court clerk, can issue a subpoena. You can request subpoenas from the Clerk's Office for any witnesses you plan to call to testify. Make sure to arrange for the Sheriff to serve each subpoena at least two to three weeks before your hearing. Keep the Sheriff's proof of service for each subpoena, as you will need it if a witness does not appear. A subpoena duces tecum can be used to request that a witness bring documents or other items with them.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A subpoena duces tecum is a type of subpoena that requires a person to produce documents or records specified in the subpoena. In Virginia, you can use this to request that a witness bring relevant documents, such as payment records, to your court hearing. It's important to ensure that the subpoena is properly issued and served to be enforceable.