TDCAA Community
Letting banks and others know we don't pay for records

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/4931062002

November 13, 2009, 15:37
Paige McCormick
Letting banks and others know we don't pay for records
Occasionally we get letters from banks, especially, asking us to pay for records that we have issued a subpoena for. I know we don't have to pay for that, but I don't really know why? Does anyone have a "kindly" worded letter that we could send out in response? Thanks.
November 15, 2009, 20:25
Adam Poole
Well the subpoena duces tecum actually doesn't request records at all, it commands them to come to court to testify and to bring the records with them. It informs them that they can alternatively comply with the subpoena by just giving you a copy of the records with the business record affidavit.

So if they request compensation for the records I'd just remind them of the free alternative of coming to court in person. That should probably get the message across.
November 18, 2009, 10:22
A. Diamond
http://www.oag.state.tx.us/opinions/opinions/49cornyn/op/2000/pdf/JC0181.pdf