Experian’s database holds information about 245 million American credit card users. About 1.3 billion updates move through the system monthly, so they always have the most current information about those whose information they work with.
Because of this, many attorneys need to subpoena case-relevant data from Experian.
If you are among these lawyers, this process may require subpoena domestication between two distinct jurisdictions. Read on to learn the basics of how to serve an out-of-state subpoena to Experian for credit reports, regardless of your practicing location.
The Basics of Subpoena Domestication
The trial state for any court case is the location in which the attorney practices. If you’re based in Manhattan, the trial state in all of your cases will be New York. If you’re based in Kansas City, Missouri will always be your trial state.
However, many cases will require you to gather evidence from other states besides your own. These states are called discovery states. They’re the jurisdictions in which you need to compel evidence from entities to be sent over to the trial state.
Experian’s legal headquarters is based in Allen, Texas. This is the location of their main office. Because of this, Texas is the discovery state when you serve subpoena documents to Experian.
If the trial state you reside in is not Texas, you will first need to make the subpoena valid in the Lone Star State. That’s where subpoena domestication comes in!
Domesticating a subpoena means making it valid in a jurisdiction other than the trial state. After drafting the subpoena documents, you file them directly with the Texas courts. The court validates it and makes it valid for service to Texas entities like Experian.
Subpoena domestication is important because it binds Experian to the requests held in the legal document. If you do not correctly domesticate your out-of-state subpoena, Experian’s legal representatives will refuse to comply. You won’t get the information you need until you re-file and re-serve the subpoena, which wastes valuable time that you could spend building a case.
What Information Can Experian Offer?
Experian can provide out-of-state entities with a diverse array of information. Some data you can request from their professionals includes basic personal identification of people whose credit information has been collected by Experian. This information might include a user’s:
- Full name
- Physical address
- Birthday
- Phone number
- Social security number
This basic information helps you identify whose credit information you’re looking into. When drafting and filing subpoena documents, attorneys can also request information like:
- Individual credit reports
- Credit and payment history
- Credit scores
- Credit card account numbers
- Balances and credit limits
- Payment history from various credit accounts
- Information about who has made inquiries into the person’s credit report
- Public information about bankruptcies and past court judgments
Getting a combination of personal information and credit information allows you to link accounts together more easily. You can compare multiple credit reports held by the same person and view their comprehensive payment history. This lets you see where they have been and how they have built credit in the past.
You can also get the contact information of an individual if you have their credit account information. Getting this data from Experian may make it easier to track down defendants and potential witnesses. This is especially true in cases of online fraud, where your client may only have the scammer’s payment information but not their name or contact information.
Why Serve an Out-of-State Subpoena to Experian for Credit Reports?
The Fair Credit Reporting Act (FCRA) allows consumer reports to be utilized for specific purposes. This includes:
- Court orders
- Grand jury subpoenas
- Child support awards and enforcement
In these situations, attorneys can issue subpoenas to Experian and expect it to override the company’s privacy policy.
Online scams are a common situation in which attorneys subpoena Experian representatives. If your client has recently been duped into giving money to a scammer offering nonexistent goods or services, you may be able to track them down with account information. This step toward justice can lead to a lawsuit or criminal charges that ultimately help your client recover financial damages.
However, lawsuits and criminal activity aren’t the only reasons that a legal client might want to serve an out-of-state subpoena to Experian for credit reports.
Banking institutions or government support agencies may want to assess how financially responsible an individual iswhen they apply for a loan or benefits. Lawyers working for the institution can issue a subpoena to Experian for accurate credit information. Then, the agent will know whether or not to offer benefits to the person whose credit information they looked into.
Receiving child support payments may also require a credit report from Experian. If your client has a former spouse refusing to pay their share, a credit check may prove that they need to contribute financially to a child’s upkeep.
Individual Experian users and their attorneys may also want Experian credit report access. If your client thinks that there are mistakes on their Experian credit report, you can subpoena Experian to give you the data and documentation that proves the credit report true. If they cannot, or the information they’re compelled to send does not match the credit report, your client has a stronger case.
The UIDDA: Your Partner in the Credit Report Subpoena Process
The Uniform Interstate Depositions and Discovery Act (UIDDA) is a 2007 law made to standardize the subpoena domestication process. It outlines subpoena service procedures for all entities regardless of the discovery state. This means that attorneys can follow a consistent process whether they’re serving a subpoena in California, Kansas, or Experian’s discovery state of Texas.
Of course, this consistency comes with a wide range of benefits. Some include:
- An easy, streamlined procedure for lawyers nationwide
- Simple-to-remember processes used multiple times by attorneys
- Less confusion over what process servers do when filing and serving subpoenas
- No need for commissions or letters rogatory in the discovery state courts
- Less work for courts in your trial state since they don’t need to manage multiple jurisdictions’ legal processes and regulations
- Less judicial involvement during the case decreases costs
- Faster evidence retrieval for shorter and more efficient case timelines
All US states besides New Hampshire have currently adopted the UIDDA, so you’ll be using its standardized procedures when filing your out-of-state subpoena in Texas courts.
1. Draft Your Subpoena Documents
A binding draft is critical for the future legal process out-of-state subpoena documents must undergo. Luckily, drafting these documents independently is not as difficult as it may sound.
This is because you simply need to make a comprehensive data request for information. When writing subpoena documents to serve to Experian, include:
- All details relevant to the case
- Information about the client you’re representing
- Your client’s name and contact information
- Your contact information as the attorney filing the subpoena
- The name of the court issuing the subpoena
- The Experian user or account number that you’re requesting information about
- A complete list of all the data that you want sent to you
It’s also a good idea to request a non-disclosure agreement from Experian. Subpoena documents already override many of the terms in their privacy policy, but an NDA protects the specific case details you requested. In criminal investigations, this is especially important because it prevents suspects from knowing that you requested their account information.
Assuming that all documents are drafted appropriately, Experian representatives must comply with the request within a 30-day span. If they do not, they may face:
- Contempt of court charges
- Fines
- Possible jail time
However, getting a response is also contingent on filing your forms correctly with Texas courts.
2. File Your Subpoena
After you draft your subpoena documents, it’s time to work with an experienced process server to domesticate them in the discovery state.
At Serve Index, LLC, our professionals will research precisely where Experian legal professionals are located. We’ll determine which courts to file the subpoena with based on their location. This ensures that they can be served to the proper entities so you get the credit reports your case needs ASAP.
After determining where to file your pre-drafted documents, our experts will look into subpoena filing paperwork. Our meticulous, detail-oriented experts will check things over before filing them, which eliminates the possibility of errors during the court filing process.
Ultimately, this makes the subpoena process much smoother. You won’t need to do a lot of extra unnecessary research about domesticating out-of-state subpoenas in Texas. Instead, you can focus on other aspects of the case, like examining evidence and building a strong argument on behalf of your client.
Plus, since professionals have a lot of experience with multiple court filing methods, you can rest assured that the request will be legally binding once it reaches Experian representatives. They will need to comply with the request, and it won’t be sent back for re-filing.
Once all documents are filed with the appropriate discovery state courts, service processes can serve a subpoena out-of-state.
3. Serve a Subpoena to Experian
Once Serve Index, LLC helps you file your subpoenas in Texas courts, we will then serve them to Experian’s legal representatives. We make three attempts at subpoena delivery for clients, so you don’t need to worry about mistakes.
Using a professional process server means that you will get the quickest service times possible. You will also save time trying to serve it yourself when you work with quality process servers. This helps you maintain peace of mind, especially since you can rely on our top-notch research to find the appropriate entities to serve the subpoena to.
Our team is also committed to tracking down even the most evasive entities and serving subpoenas to them. As a major credit company with a proven track record of legal compliance, Experian is unlikely to evade service. However, knowing our ability to find even hard-to-locate clients provides peace of mind to some attorneys who worry about the logistics of service.
The Benefits of Working With Serve Index LLC
Serve Index LLC is a reputable process server that works with attorneys nationwide. We have a variety of services, including court filing and subpoena service.
Our dedicated, licensed team of process servers aims for excellence. Expert document specialists know how to file out-of-state subpoenas by identifying the appropriate courts through which to file them. Our strong network of process servers extends nationwide, making the process of subpoena domestication easier.
When you work with us, you can expect:
- An accurate analysis of your specific situation (as relates to your case)
- To get a quote that’s both accurate and transparent
- Legally binding filing of all your subpoena documents
- A thorough understanding of Experian’s subpoena procedures
- Well-researched knowledge about court filing in both your trial state and Texas
- An emailed copy of your Affidavit of Service
- Constant communication about the status of documents we file on your behalf
Our team can file documents quickly and efficiently because of our extensive experience as a process server. You can rest assured that you’ll get the highest quality service available.
We also have multiple subpoena delivery timeline options. They include:
- Standard 3-5 day delivery
- 24-48 hour rush delivery
- Same-day subpoena delivery for the most urgent, time-sensitive cases
This means that you’ll have the credit information from Experian that you need as quickly as you require it.
Domesticate a Foreign Subpoena With Professional Assistance From Serve Index LLC
Now that you know how to serve an out-of-state subpoena to Experian for credit reports, it’s time to start the process of gathering evidence from their Texas headquarters.
Serve Index, LLC is committed to helping attorneys gather the information they need to build strong cases on behalf of their clients. We help with both court filing and subpoena service for lawyers across the US. Regardless of your trial state, we can help you submit legally binding documents to Experian and get personal and credit information ASAP.
Our services are expansive and diverse, so contact us online today with any remaining questions and begin the evidence-gathering process today. You can also give us a call at 888-994-6339 or email [email protected]!
