Subpoena Asurion records

nkaufman · Nov 22, 2014

Colleague bought IPhone-5 from Craigslist. Seller claims it is brand new as warranty replacement from Asurion and provided Asurion email with claim number. Phone had protective plastic covering so colleague did not bother to peek under it.

After coming home, colleague took off the plastic covers and looked at the ports closely and found a lot of wear and tear. of course seller claims it is a new phone. So colleague is filing in claims court and was wondering how to get Asurion records with the claim number that he has from seller.

Any advice?

businezguy · Nov 22, 2014

Why bother subpoenaing records for Asurion? It's a well known fact Asurion replaces phones with refurbished models. The seller is a liar because Asurion and "new" should not be used in the same sentence. In fact, I know my username says Businezguy, but I actually had Captain Obvious write this post for me. Thanks Captain Obvious!

nkaufman · Nov 22, 2014

businezguy said:
Why bother subpoenaing records for Asurion? It's a well known fact Asurion replaces phones with refurbished models. The seller is a liar because Asurion and "new" should not be used in the same sentence. In fact, I know my username says Businezguy, but I actually had Captain Obvious write this post for me. Thanks Captain Obvious!

Yes, obvious to me and you. But in a court, it would be nice to hear from Asurion or get records from Asurion.

Tobias Funke · Nov 22, 2014

And just a quick cursory glance over the phone would have stopped all this.

nkaufman · Nov 22, 2014

Tobias Funke said:
And just a quick cursory glance over the phone would have stopped all this.

exactly, he has learnt his lesson.

I had created a post earlier on things to look for and had also given him a copy. But I guess he had to learn the hard way.

Tobias Funke · Nov 22, 2014

Also give him a top tip from me.

Most people selling something on the Internet LIE.

I've also learned that the hard way!

JulesJam · Nov 22, 2014

nkaufman said:
Colleague bought IPhone-5 from Craigslist. Seller claims it is brand new as warranty replacement from Asurion and provided Asurion email with claim number. Phone had protective plastic covering so colleague did not bother to peek under it.

After coming home, colleague took off the plastic covers and looked at the ports closely and found a lot of wear and tear. of course seller claims it is a new phone.

Asurion sends refurbs so it very well could be "new" from Asurion.

nkaufman said:
So colleague is filing in claims court and was wondering how to get Asurion records with the claim number that he has from seller.

It all depends on the state but in general, you file a claim in small claims court. Then since you are not an attorney, you have to get permission from the court to subpoena Asurion's records according to the non-party rules of your state which almost certainly involves you paying Asurion for the time of their employees to do this and their copying costs.

But yes, you could get them as they are relevant evidence.

eyoungren · Nov 22, 2014

Strange…the user here that's a rep for Asurion hasn't responded in this thread. Normally, you mention the name Asurion, refurb, and 'non-Apple' parts and the user comes running to say 'not so' and then goes on to post how great Asurion is for it's customers.

Wonder why that user hasn't posted here…hmm.

nkaufman · Nov 22, 2014

eyoungren said:
Strangethe user here that's a rep for Asurion hasn't responded in this thread. Normally, you mention the name Asurion, refurb, and 'non-Apple' parts and the user comes running to say 'not so' and then goes on to post how great Asurion is for it's customers.

Wonder why that user hasn't posted herehmm.

Wait a while. Friday hangover I guess

nkaufman · Nov 22, 2014

JulesJam said:
Asurion sends refurbs so it very well could be "new" from Asurion.

It all depends on the state but in general, you file a claim in small claims court. Then since you are not an attorney, you have to get permission from the court to subpoena Asurion's records according to the non-party rules of your state which almost certainly involves you paying Asurion for the time of their employees to do this and their copying costs.

But yes, you could get them as they are relevant evidence.

so, does one ask for subpoena during hearing or before the hearing?

JulesJam · Nov 22, 2014

nkaufman said:
so, does one ask for subpoena during hearing or before the hearing?

Every state is different. You have to read the rules of procedure for your state to know how to do it.

Usually your county court has a website with the small claims info so that is where to start. And you can go to the court house and talk to the clerks if you have questions but if your question is anything more than which form to use or how to schedule something, they aren't going to give you legal advice b/c that is against the law for them to do so. They will point you to the local law library so you can look up the law/procedure yourself.

And if it is too daunting for you to do, you can hire an attorney.

But in general, you should be able to figure out how the subpoenas in small claims court work from the website or the information available from the clerk.

nkaufman · Nov 22, 2014

JulesJam said:
Every state is different. You have to read the rules of procedure for your state to know how to do it.

Usually your county court has a website with the small claims info so that is where to start. And you can go to the court house and talk to the clerks if you have questions but if your question is anything more than which form to use or how to schedule something, they aren't going to give you legal advice b/c that is against the law for them to do so. They will point you to the local law library so you can look up the law/procedure yourself.

And if it is too daunting for you to do, you can hire an attorney.

But in general, you should be able to figure out how the subpoenas in small claims court work from the website or the information available from the clerk.

Yes, I think I now have that information.

All I need now is contact details of Asurion to send the subpoena to.

Any advice?

617aircav · Nov 22, 2014

Your friend has no case. There is no way to prove what he was sold was not what he expected. Is he in touch with the seller? This is a case of caveat emptor. Buyer beware.

nkaufman · Nov 22, 2014

617aircav said:
Your friend has no case. There is no way to prove what he was sold was not what he expected. Is he in touch with the seller? This is a case of caveat emptor. Buyer beware.

That is not correct. Friend has copy of Craigslist Ad. Emails from seller with the Craiglist AD ID is there on all emails.

Ad clearly states "Brand New Phone" etc.

JulesJam · Nov 22, 2014

nkaufman said:
Yes, I think I now have that information.

All I need now is contact details of Asurion to send the subpoena to.

Any advice?

Corporations have a designated agent for service of process. Typically you go to the website for the business regulatory agency for the state in which the company is incorporated and look up who their agent for service of process is. Many states have this info online now.

But I am sure that you haven't had time to learn all you need to know to understand the rules governing service of a non-party. Make sure you are well versed in all of this before you even file a claim. It is something that takes a lot more than a few minutes of your time to look up.

Allthings-I · Nov 22, 2014

nkaufman said:
That is not correct. Friend has copy of Craigslist Ad. Emails from seller with the Craiglist AD ID is there on all emails.

Ad clearly states "Brand New Phone" etc.

I personally don't think you or your friend are going to get far with this. The report could have very well been fabricated for the sake of a sale.

Also I doubt a small claims court is going to take the case over a few hundred dollars, better off going on that TV Show judge like "Judge Alex" and see if Asurion rep shows up lol

I think this case won't get far mainly because your friend is not the actual person who "made the claim", being 2nd hand buyer, Asurion can claim that the replacement device was tampered with etc and that they only honor such things for device owners who purchased the warranty from them, and not 2nd hand owners etc....

As for Craigslist, that ad must be deleted by now so you won't even be able to view the AD, as for the apparent title "Brand New" well that is nothing more than a email subject and can be thrown out as Subject of a email can be changed at any time and is not a guaranteed representation of an AD, plus Craigslist will not be getting involved in any of this....

Take away point from this ordeal = Lesson learned

because he should have not done exactly this: "so colleague did not bother to peek under it"

If your colleague somehow did figure out a way to get any input from craigslist, I'm pretty sure it would be something along these lines:

"Its his moral responsibility to test and check everything because there is no warranty offered on craigslist sales as they are entirely between buyers and sellers alone"

617aircav · Nov 22, 2014

nkaufman said:
That is not correct. Friend has copy of Craigslist Ad. Emails from seller with the Craiglist AD ID is there on all emails.

Ad clearly states "Brand New Phone" etc.

Does not matter. Your friend had a duty to verify contents. How does your friend prove who the seller is, that that's the phone he received from the seller? There is no way to verify this. It's he said she said.

wxman2003 · Nov 22, 2014

Did the seller give your friend his real name and address, or did he use a fake name/email to create a craiglists id? If it fake, it may be pretty hard to serve the guy papers to appear in court.

617aircav · Nov 22, 2014

wxman2003 said:
Did the seller give your friend his real name and address, or did he use a fake name/email to create a craiglists id? If it fake, it may be pretty hard to serve the guy papers to appear in court.

Also , Assurion has nothing to answer for.

Ken Kaniff · Nov 22, 2014

Maybe the seller didn't know Asurion sent him a refurbished phone..? I'd be willing to bet most people wouldn't know it.

Jesus. The way you word this, it sounds like your colleague needs to chill out. Why assume the guy was trying to scam him? Why not try to confront the seller first instead of BAM 'call the cops, call the lawyers, call the press!'

Your colleague sounds like a jerk.

edit- not trying to be rude to you OP, don't take it the wrong way!

617aircav · Nov 22, 2014

Subpoena Asurion records

This is a case of trying to pluck feathers off a pig. Learn lesson and move on.

wxman2003 · Nov 22, 2014

617aircav said:
Also , Assurion has nothing to answer for.

The guy also got a working iPhone 5.

JulesJam · Nov 22, 2014

617aircav said:
Also , Assurion has nothing to answer for.

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.

----------

Allthings-I said:
Also I doubt a small claims court is going to take the case over a few hundred dollars

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!

nkaufman · Nov 22, 2014

JulesJam said:
Corporations have a designated agent for service of process. Typically you go to the website for the business regulatory agency for the state in which the company is incorporated and look up who their agent for service of process is. Many states have this info online now.

But I am sure that you haven't had time to learn all you need to know to understand the rules governing service of a non-party. Make sure you are well versed in all of this before you even file a claim. It is something that takes a lot more than a few minutes of your time to look up.

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)?

the caveman · Nov 22, 2014

Subpoena Asurion records

nkaufman said:
That is not correct. Friend has copy of Craigslist Ad. Emails from seller with the Craiglist AD ID is there on all emails.

Ad clearly states "Brand New Phone" etc.

Then he should take it up with the seller. Also, unless you have the sellers personal information, you wont be able to pursue anything, trust me i have been there. Craigslist sales are as is generally. , i don't understand how you can fault the Asurion here. Any judge in small claims court will tell you the same. Also, whos to say that the seller just didnt out right lied about the condition of the phone? You absolutely must inspect everything you purchase on craigslist because unlike ebay, there are no mechanisms in place whatsoever to protect the buyer.

Subpoena Asurion records

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