Subpoena Asurion records

nkaufman said:

I think I've learned enough today

So Asurion has entities in each state or should I look only in Delaware (where Asurion seems to be set up)?

Click to expand...

It all depends on the states what the states require of an insurance company doing business in their state. Since Asurion is an insurance company, you can try calling the state insurance regulatory agency in your state. Maybe they would know.

Also, Asurion may have wholly owned subsidiaries or some other corporate structure like that for different states idk so you would need to investigate that also.

Also just to clarify - how a subpoena is served on a non-party by a pro se plaintiff in your state is something you are going to have to read up on. It must go through the court since you are not an attorney but the procedural rules for that depend on the state.

At the end of the day if you file and the defendant sees you are serious about getting the records from Asurion, that may be all it takes to get your money back. And if the defendant doesn't answer your complaint, you can get a default judgment against the defendant.

If be surprised if you actually got information out of Asurion for free. You may have to pay time and materials, but the mention in the ad is basically hearsay.

the caveman said:

Also, unless you have the sellers personal information, you wont be able to pursue anything,

Click to expand...

This is true in that you have to be able to serve the seller with a copy of the complaint you file in the court. You may or may not be able to serve them by mail it depends on the state rules. And until the seller is served, the case goes no where. And if the seller isn't served within the allotted time, the case is dismissed.

Having said that, states have different rules for filing against John/Jane Doe that allow you to collect evidence to find out a person's name. None of that is free though. Look up "Doe Subpoena" if you want to know more. They are typically used to find out the identity of online posters but they can be used in other contexts.

So for instance, you may be able to file your claim and get the court to authorize a Doe Subpoena to Asurion based on the IMEI of the device to find out if it is an Asurion replacement and who it was sent to.

the caveman said:

i don't understand how you can fault the Asurion here.

Click to expand...

He is not faulting Asurion. What don't you get? He wants evidence from Asurion. Did you not read my or his posts? He wants to subpoena Asurion as a non-party for evidence. You can do that in any court in the US.

the caveman said:

Any judge in small claims court will tell you the same.

Click to expand...

You haven't the faintest idea what is going on here. You really should refrain from giving out advice if you don't know what you are talking about.

----------

I7guy said:

If be surprised if you actually got information out of Asurion for free.

Click to expand...

As I mentioned earlier, he surely will have to pay Asurion for the time of its employees and copying costs as well as mailing costs if any.

I7guy said:

You may have to pay time and materials, but the mention in the ad is basically hearsay.

Click to expand...

No it is not hearsay. It is an out of court statement by a party opponent and under the rules of evidence it is not hearsay. The OP is not talking about suing Asurion. Don't you get that? He is talking about suing the seller and subpoenaing evidence from Asurion as a non-party.

----------

nkaufman said:

So do you think that the local registered agent in each state handles these subpeona requests?

Click to expand...

I don't even know if Asurion would be required to have an agent for service of process in your state as I don't even know what state you are in.

Again, all of this depends on the laws of the state. Different states have different laws so there is no way to answer a general question like that.

JulesJam said:

This is true in that you have to be able to serve the seller with a copy of the complaint you file in the court. You may or may not be able to serve them by mail it depends on the state rules. And until the seller is served, the case goes no where. And if the seller isn't served within the allotted time, the case is dismissed.

Having said that, states have different rules for filing against John/Jane Doe that allow you to collect evidence to find out a person's name. None of that is free though. Look up "Doe Subpoena" if you want to know more. They are typically used to find out the identity of online posters but they can be used in other contexts.

So for instance, you may be able to file your claim and get the court to authorize a Doe Subpoena to Asurion based on the IMEI of the device to find out if it is an Asurion replacement and who it was sent to.

He is not faulting Asurion. What don't you get? He wants evidence from Asurion. Did you not read my or his posts? He wants to subpoena Asurion as a non-party for evidence. You can do that in any court in the US.

You haven't the faintest idea what is going on here. You really should refrain from giving out advice if you don't know what you are talking about.

----------

As I mentioned earlier, he surely will have to pay Asurion for the time of its employees and copying costs as well as mailing costs if any.

No it is not hearsay. It is an out of court statement by a party opponent and under the rules of evidence it is not hearsay. The OP is not talking about suing Asurion. Don't you get that? He is talking about suing the seller and subpoenaing evidence from Asurion as a non-party.

----------

I don't even know if Asurion would be required to have an agent for service of process in your state as I don't even know what state you are in.

Again, all of this depends on the laws of the state. Different states have different laws so there is no way to answer a general question like that.

Click to expand...

Point is seller could have gotten the phone from square trade but mentioned asurion to cover his tracks.

JulesJam said:

You don't understand even the basics of the legal process in the US. Asurion isn't the one being sued but if they have relevant evidence to the case, they can be subpoenaed to produce the evidence. If they feel they have some grounds to withhold the evidence, they can file a motion to quash.

----------

WTF? What the hell do you mean? You live in the US not Russia, right?

Courts don't "take" cases in the US. In the US people file cases and they have a constitutional right to a JURY TRIAL. If the party being sued thinks the case is frivolous, they can file a motion to dismiss with the court. But the court doesn't decide what cases to take or not.

And small claims court was specifically set up just to hear low stakes cases. HENCE THE TERM "SMALL" IN SMALL CLAIMS COURT, lol!! Man you have embarrassed yourself here with your complete lack of knowledge of the US legal system.

Geez, where did you people go to school? Didn't they teach you basic things about our system of government?

It's not worth my time responding to the rest of your nonsensical and generally idiotic rant, lol!

Click to expand...

Ok. But this case will go nowhere. There is no way for the OP to prove what he claims in court. Absolutely no way. Also, where is the seller to be found.

I7guy said:

Point is seller could have gotten the phone from square trade but mentioned asurion to cover his tracks.

Click to expand...

So what? You still could subpoena Asurion and Asurion would tell you that it wasn't one of their replacement devices.

I must be missing something here.

Asurion did not send a new phone. Asurion has no source of new phones unless they go out and buy them from Apple.

Anyone who claims otherwise is an idiot. Anyone who believes that idiot's claim, is also an idiot.

617aircav said:

Ok. But this case will go nowhere. There is no way for the OP to prove what he claims in court. Absolutely no way.

Click to expand...

Sigh. You know ABSOLUTELY NOTHING ABOUT THE LAW.

He can prove his case through testimony and documentary evidence like every other single freakin' case ever filed in the US. He has the documentary evidence of the ad. Then he can see what evidence Asurion has. Then it is his testimony and the testimony of the seller. If they have different versions of events the jury gets to decide who to believe. Just like in every single court in the US.

617aircav said:

Also, where is the seller to be found.

Click to expand...

That is an issue as I said. But he can file a Doe Subpoena to Craig's List to get the IP address the ad was posted through and then another Doe Subpoena from the ISP to get the account that was assigned that IP address at the time the ad was posted. And if it turns out the ad was posted at a starbucks, well then that is a problem. But for all you know, the OP knows the seller's phone number or other information.

All of this costs money. Probably more money than the phone is worth. But that is an entirely different issue from you saying he has no case or can't prove his case.

----------

posguy99 said:

I must be missing something here.

Click to expand...

Yes you are, a brain.

Subpoena Asurion records

JulesJam said:

Sigh. You know ABSOLUTELY NOTHING ABOUT THE LAW.

He can prove his case through testimony and documentary evidence like every other single freakin' case ever filed in the US. He has the documentary evidence of the ad. Then he can see what evidence Asurion has. Then it is his testimony and the testimony of the seller. If they have different versions of events the jury gets to decide who to believe. Just like in every single court in the US.

That is an issue as I said. But he can file a Doe Subpoena to Craig's List to get the IP address the ad was posted through and then another Doe Subpoena from the ISP to get the account that was assigned that IP address at the time the ad was posted.

All of this costs money. Probably more money than the phone is worth. But that is an entirely different issue from you saying he has no case or can't prove his case.

----------

Yes you are, a brain.

Click to expand...

What I'm saying is at the end of the day there is no way to prove that the phone that is in possession of the buyer is the same phone sold by the seller. This is essential to this case. This is a classic case of buyer beware. What The buyer is trying to do will require a lawyer. Is it worth it?

nkaufman said:

JulesJam - I think people are all over the place with their ideas because they have no understanding of what is going on and hence you see the posts which tell us how this will NOT work instead of providing information about how to go about doing this. I am not responding to their posts (I did respond a couple of times but am not doing anymore). Will respond only to posts that get what we're doing here.

Click to expand...

yes, I will stop responding to them also.

Just keep in mind the big picture which is that all of this may cost more than the phone is worth but also sometimes all you have to do is file a claim to get the defendant to realize you are serious and they will refund your money.

----------

617aircav said:

What I'm saying is at the end of the day there is no way to prove that the phone that is in possession of the buyer is the same phone sold by the seller.

Click to expand...

You are wrong about that. You prove it through Asurion's records, testimony and if need be fingerprints/DNA evidence on the phone itself. Now that may cost a lot of money no doubt but you are saying there is no way and I am telling you that you are wrong. There is a way, it just may cost a lot of money.

And those of you who are legal numbskulls need to understand that testimony IS evidence. People have been sentenced to death on nothing more than the testimony of an eye witness.

617aircav said:

What The buyer is trying to do will require a lawyer.

Click to expand...

No it won't.

----------

nkaufman said:

I think our posts must have crossed each other. look at my post earlier that mentions
"Nowhere did I mention that my colleague does NOT have seller information. He went to seller's house, has seller's phone number and address so has all the information to serve the papers.

Click to expand...

Then you don't need a doe subpoena but for the others saying there is no way to find out a seller's identity, there are ways to go about finding out a person's identity. It just may cost a lot of money to do it.

nkaufman said:

He just wanted, like you rightly understood, information from Asurion about the IMEI number that seller claimed, came from Asurion."

Click to expand...

That won't be hard to get if you can figure out the proper procedure for subpoenaing Asurion and the rules for getting the court to issue the subpoena.

Again, you may not even have to go that far, it may be enough to serve the seller with the complaint to get your money back.

nkaufman said:

Nowhere did I mention that my colleague does NOT have seller information. He went to seller's house, has seller's phone number and address so has all the information to serve the papers.

Click to expand...

It is cheapest to serve by mail but usually people don't have to accept service by mail and then if they know you are trying to serve them, they try to evade service.

So typically it is best to pay for a process server to serve them personally. You will have to read up on how to do that for your jurisdiction.

nkaufman said:

We have been looking at state insurance agencies for Virginia but did not find anything about Asurion. We also looked at TN state website since Asurion is based in TN and did not find anything about Asurion. So am thinking that perhaps cell phone insurance is not regulated in the same manner as other insurance.

Click to expand...

You also can call Asurion's corporate offices and see if they will give you the information. Legitimate corporations will give you that info but the problem is getting someone on the phone who knows what they are talking about.

If Asurion is not headquartered or incorporated in your state they may not be required to file as a foreign corporation in your state. These sorts of things vary by state.

Check the secretary of state's office in both tennesee and delaware.

It may be this but idk - click on registered agent:

https://tnbear.tn.gov/ecommerce/Fil...054175239157195006079062195228144162177047134

The global headquarters are at that same address so that might be the proper registered agent above:

https://www.asurion.com/about/contact-us/

JulesJam said:

yes, I will stop responding to them also.

Just keep in mind the big picture which is that all of this may cost more than the phone is worth but also sometimes all you have to do is file a claim to get the defendant to realize you are serious and they will refund your money.

----------

You are wrong about that. You prove it through Asurion's records, testimony and if need be fingerprints/DNA evidence on the phone itself. Now that may cost a lot of money no doubt but you are saying there is no way and I am telling you that you are wrong. There is a way, it just may cost a lot of money.

And those of you who are legal numbskulls need to understand that testimony IS evidence. People have been sentenced to death on nothing more than the testimony of an eye witness.

No it won't.

----------

Then you don't need a doe subpoena but for the others saying there is no way to find out a seller's identity, there are ways to go about finding out a person's identity. It just may cost a lot of money to do it.

That won't be hard to get if you can figure out the proper procedure for subpoenaing Asurion and the rules for getting the court to issue the subpoena.

Again, you may not even have to go that far, it may be enough to serve the seller with the complaint to get your money back.

Click to expand...

Good luck with that.

JulesJam said:

You are wrong about that. You prove it through Asurion's records, testimony and if need be fingerprints/DNA evidence on the phone itself. Now that may cost a lot of money no doubt but you are saying there is no way and I am telling you that you are wrong. There is a way, it just may cost a lot of money.

Click to expand...

Why even make this argument? Just so you can be right? Of course DNA and fingerprint evidence can TECHNICALLY be collected. You can also hire a rivate investigator to dig up all kinds of crap about the guy that sold you the device. Nobody in their right mind would want to do that over a phone worth a couple hundred bucks. When someone says something is not possible it is not always meant to mean it physically has no chance of ever being done. It simply means that it can't be done reasonably. I would argue that, what you are describing is beyond an unreasonable effort for a phone. This is just a ridiculous back and forth about semantics now.

617aircav said:

What I'm saying is at the end of the day there is no way to prove that the phone that is in possession of the buyer is the same phone sold by the seller. This is essential to this case. This is a classic case of buyer beware. What The buyer is trying to do will require a lawyer. Is it worth it?

Click to expand...

Eh, it's small claims court. He would only need to prove that it's more likely than not (50.000000001%)--the civil burden of proof--that the phone he brings in is the one he received and that it's not as described. No need for fingerprints/DNA, etc. There's no need -- as they say-- to make a federal case out of it. And because it's small claims court, no lawyers are generally allowed, and everything is relatively inexpensive (since the amount in controversy is limited to a pretty low amount). It's designed to give regular people access to courts for small disputes like this.

so you are going to sue and spend all this money for all this stuff?
is the phone working?
what are the losses here?

seller will say he thought phone was going to be brand new. judge will slap both of you and send you home

Mw0103 said:

And because it's small claims court, no lawyers are generally allowed

Click to expand...

This is COMPLETELY FALSE! In no state in the US is that true.

Geez you people don't even understand basic, basic, basic things about the US legal system. Unbelievable how ignorant you are.

You are ALWAYS entitled to representation by an attorney. ALWAYS. Now you have to pay for it unless you are indigent and being charged with a crime. But as long as you can pay for an attorney, the attorney can represent you in court. IN ALL COURTS IN THE US WITHOUT EXCEPTION THAT IS TRUE.

Mw0103 said:

and everything is relatively inexpensive (since the amount in controversy is limited to a pretty low amount).

Click to expand...

False again, it is as expensive or as cheap as the case warrants given not the amount in controversy but the amount of discovery needed and the number of witnesses needed. But whether or not it makes sense to pursue an expensive case when the damages are low is another issue altogether. The amount of damages don't determine the cost of litigation - the facts of the case do.

----------

lordofthereef said:

This is just a ridiculous back and forth about semantics now.

Click to expand...

What is ridiculous is how ignorant of the law all of you are. SMH.

----------

nkaufman said:

I'm afraid I choose not respond to any post that digresses from the topic in the OP - How to get records from Asurion.

Click to expand...

I know I said I wouldn't either but damn, these people are ignorant and spouting off about this stuff as if they actually know something about it. They don't even get basic, basic, basic sheet about the US legal system. LOL!

----------

nkaufman said:

I'm afraid I choose not respond to any post that digresses from the topic in the OP - How to get records from Asurion.

Click to expand...

The other thing your friend can do is call that registered agent in the link I posted above and ask them if they are the proper registered agent for serving asurion a subpoena wrt it's cell phone insurance services. They are a professional registered agent corporation and Asurion is a legitimate company so they aren't going to lie to someone.

JulesJam said:

This is COMPLETELY FALSE! In no state in the US is that true. Do you know why?

Geez you people don't even understand basic, basic, basic things about the US legal system. Unbelievable how ignorant you are.

You are ALWAYS entitled to representation by an attorney. ALWAYS. Now you have to pay for it unless you are indigent and being charged with a crime. But as long as you can pay for an attorney, the attorney can represent you in court. IN ALL COURTS IN THE US WITHOUT EXCEPTION THAT IS TRUE.

Click to expand...

You know, I was actually agreeing with you until this. Now I'm guessing your legal knowledge comes from a high school government class.

I'll just leave this right here:

The Question of Representation
All parties shall represent themselves in actions before the small claims court except as follows:
1. A corporate or partnership plaintiff or defendant may be represented by an owner, a general partner, an officer or an employee of that corporation or partnership. An attorney may serve in this capacity if he is appearing pro se, but he may not serve in a representative capacity “unless he is doing so for the sole purpose of removing the case to the general district court.”
2. A plaintiff or defendant who, in the judge’s opinion, is unable to understand or participate on his own behalf in the hearing may be represented by a friend or relative if the representative is familiar with the facts of the case and is not an attorney.

Click to expand...

That's from the Virginia courts website re:small claims procedures. http:www.courts.state.va.us/resources/small_claims_court_procedures.pdf

It's the same in all small claims courts of which I am aware. If you want an attorney, you have to file the case in or remove it to the general civil division, where the fees are higher, procedures are more strict, and you can recover more money. Anyway... I'm sure the OP is grateful for your help, but you should be careful before you call people "legal retards."

Did you friend have the opportunity to visually inspect the phone? Did the seller afford him the opportunity to test it (e.g., insert a SIM, etc.)? Did he explicitly deny your friend the opportunity? How obvious are the marks? Does the phone function as advertised?

Reminds me of a local car dealer that has ad in the newspaper. Describes the car in mint condition, with low miles. Buyer arrives and closes a deal. He later complains about the 75k miles and the wear and tear on the seats and the grime on the engine. Fact is, the buyer had the chance to inspect the car before purchase.