Equifax holds the consumer credit data of over 245 million people across the US. Because so many people find their information there, most attorneys will eventually find the Equifax subpoena process a necessity when gathering evidence.
Drafting and filing an out-of-state subpoena to Equifax for consumer data is easier than it sounds. All it requires is an understanding of foreign subpoena domestication and help from experienced process servers.
Read on to learn the legal process for subpoenas served in states besides the one you practice in!
What Is an Out-of-State Subpoena?
Out-of-state subpoenas are those that need to be valid in a state besides the one where it was drafted. Some people may also call them ‘foreign subpoenas.’
As an attorney, the state where you practice will be the trial state in all your cases. You’ll take clients from within your jurisdiction and handle cases that primarily took place there.
However, sometimes you will need to gather evidence from entities in another state. This state is called the discovery state because it’s where you plan to access and discover information relevant to your case.
Equifax is a credit reporting agency that:
- Collects consumer credit card information
- Calculates credit scores
- Monitors credit health
- Analyzes credit risks
- Creates and shows credit reports
Their legal team is based in Atlanta. This is where you need to file and serve a valid subpoena if you want to access information from Equifax. Georgia is the discovery state when an Equifax consumer data subpoena is issued.
This is true regardless of whether you practice in New York, California, Illinois, Montana, or any other US trial state!
However, if you are a lawyer in a different trial state than Georgia, you will need to domesticate subpoena documents in Georgia’s courts before serving them to Equifax.
The Basics of Subpoena Domestication
Domesticating a subpoena means making it legally valid in a jurisdiction other than the one where it was drafted.
Once you finish creating subpoena documents on behalf of your client, you would usually file them with your local courts to gather information from entities within the trial state. This won’t work when the discovery state is different from the one in which you practice. You’ll need to file subpoena paperwork directly with the courts in the discovery state.
For example, if you’re a California attorney, you will forgo filing with California courts when subpoenaing Equifax. Instead, you will file the paperwork immediately with the Georgia courts.
This makes the subpoena order legally binding in Georgia, so when Equifax representatives receive the request, they will need to comply with it.
If you do not domesticate the documents appropriately, Equifax will not need to comply with your requests. They’ll refuse to provide you with any information.
This means that you and the process servers you work with will need to re-file and re-serve the subpoena paperwork. Getting expert help with court filing in Georgia ensures that you don’t need to do this. You save time and money while getting the evidence you need quicker.
What Information Can You Subpoena From Equifax?
With a valid subpoena domesticated in Georgia, Equifax can provide a lot of information to attorneys in their trial states. Consumer credit reports are one of the most commonly requested data types. They include information like:
- The name, address, and birthday of the report holder
- The person’s Social Security number
- Lender information
- Current and past balances
- Payment history
- Both hard and soft inquiries
- Bankruptcy information
- Public record data, including court judgments and liens
Equifax may also produce communication records between Equifax and consumers. If your client is trying to prove that they already requested information from support services, you can pull records of that communication.
This can help in lawsuits where Equifax has already provided written information about the legal topic. It is also critical for clients looking to prove that they have already gone through appropriate Equifax channels before taking legal action.
Additionally, Equifax can look into an account’s financial information. They can see outstanding balances and bank holdings when analyzing a specific consumer’s credit information. This is important in cases where someone is trying to prove that an ex-spouse should pay more child support or alimony.
Insurance information is also available from Equifax, which can be helpful in some instances.
The Fair Credit Reporting Act (FCRA) governs the use and disclosure of credit reports. It aims to provide for legal report access through court orders and subpoenas. Because of the FCRA, properly domesticated subpoena orders overrule Equifax’s consumer privacy policy.
When to Serve an Out-of-State Subpoena to Equifax for Consumer Data
Child support and alimony cases are one of the most important uses for Equifax consumer data. When courts see a good income and credit report for your client’s ex-spouse, they will have a better leg to stand on when enforcing child support orders. All it requires is a simple subpoena to get this information from Equifax.
However, this is far from the only reason that you might subpoena Equifax on behalf of a client.
Any case that requires a judge to view user credit reports can benefit from an Equifax subpoena. This is critical in:
- Bankruptcy cases
- Cases of unjust eviction
- Grand jury investigations
- Identity theft cases
- Cases involving an unjust denial of loans
- Cases involving an unjust denial of government benefits
Cases of fraud and theft are also common reasons to serve an out-of-state subpoena to Equifax for consumer data. If someone suspects that they have been a fraud victim and wants to seek out the person who stole their information, Equifax can offer information that reveals suspicious activity on relevant accounts. Some red flags that attorneys may notice in acquired credit reports include:
- New accounts that have been opened without the client’s consent
- Inaccurate information on credit reports, including false loans or inaccurate court orders
- Unusual spending patterns on your client’s accounts
An investigation into these activities can help you prevent scammers and fraudulent users from misusing information further.
UIDDA Procedures for Subpoena Domestication
The 2007 Uniform Interstate Depositions and Discovery Act (UIDDA) was created to standardize the process of domesticating subpoenas. This law lets attorneys in trial states undergo the same filing and service process when serving subpoenas in any discovery state. A North Carolina lawyer serving a subpoena to Equifax in Georgia will undergo the same legal process for subpoenas as a New York or New Jersey attorney would.
The only state that has not adopted the UIDDA is New Hampshire, so processes may be slightly different when domesticating subpoenas there. Luckily, this is irrelevant to domesticating Equifax subpoenas.
This is beneficial for a wide range of reasons, including:
- Easier-to-remember subpoena domestication processes that decrease confusion
- Consistent and streamlined court filing methods
- Easier communication between attorneys, courts, and Equifax representatives
- Less time-consuming work for trial state courts since they don’t need to manage several legal processes across multiple state jurisdictions
- The lack of a need for letters rogatory or commissions
- Faster evidence gathering because of simpler court filing
- Lower costs because of minimal court involvement in cases
- Better overall case timelines for faster justice
Drafting a Foreign Subpoena to Equifax: Your Equifax Data Access Guide
Drafting a consumer data subpoena is an independent process for attorneys. Luckily, there are several online templates to guide you through the process of making a comprehensive data request.
Some things to include on subpoena documents include:
- Your client’s name
- Client contact information
- Your name and contact information as the attorney handling the case
- The name of the court issuing the subpoena
- Information about the specific client you’re representing
- Information about the third party whose credit information you’re requesting (if applicable), including their Equifax account number
- Relevant details about the specific case
- A complete, comprehensive list of all the information you want Equifax to send you
- Your preferred timeline for receiving the information (if you require a shorter timeframe than Equifax’s usual 15 days)
Once you write and edit your subpoena request, professional process servers can help you file and serve it in Georgia.
Court Filing
After you draft subpoena documents, Serve Index LLC will help you file them in Georgia courts. There are multiple ways to do this, including in-person delivery and snail mail. When you leave the filing process to Serve Index LLC, our team will:
- Research precisely which Equifax office and representatives must receive the subpoena
- Determine which courts to file the request with to get it to these representatives ASAP
- Fill out all the logistical paperwork required for court filing
- File the papers in a legally binding way with the appropriate Georgia courts
- Monitor the progress of these documents and communicate with clients
Professionals can handle the nitty-gritty of filing to make the process go faster. You won’t need to focus on crossing your t’s and dotting your i’s solely to make the subpoena order legally binding; we handle it for you. This means you get evidence faster while also having more time to focus on building a strong case.
Serving Subpoenas Effectively to Equifax
Once the Georgia courts file and validate your Equifax subpoena, our team or process servers will also help to serve it to Equifax representatives. This means researching and tracking down the specific individual in their legal department to receive it.
We’ll find this person, serve them subpoena documents, and anticipate a reply to your comprehensive data request. This is true even of evasive recipients since Serve Index LLC has the resources and tools to track them down. However, since Equifax’s well-established company is unlikely to be evasive, you are unlikely to encounter any issues.
Once your documents come, you’ll immediately have the evidence you need.
When Serve Index LLC helps with both filing and subpoena service, you ensure legal compliance. This means that Equifax will be compelled to offer the information you specifically asked for. If they do not provide the information despite a legally binding domesticated subpoena, Equifax may face legal penalties.
Serve Index, LLC: Your Legal Partner in Subpoena Domestication
Serve Index LLC makes serving subpoenas across states easier. Our professionals are your partners in subpoena domestication since we’re an experienced, comprehensive law support agency. You won’t need to worry about amateur mistakes when filing.
Our dedicated process servers work with attorneys all across the US. Our network makes connecting interstate court systems easier, and UIDDA standardization means that we can quickly and effectively domesticate subpoenas in any discovery state.
Some benefits to working with Serve Index LLC include:
- Legally binding filing procedures for all subpoena documents
- Accurate assessments of your case and the specifics of the subpoenas you require
- A well-researched, thorough understanding of all Experian’s legal procedures
- An emailed copy of your Affidavit of Service for your legal records
- Regular communication and updates about your subpoena requests
You can also expect transparent and fair pricing. If you get a quote from us in advance, you’ll know exactly what to anticipate in terms of costs.
We’re also committed to speedy servicethat streamlines the process of gathering evidence. Regardless of how soon you want credit information from Equifax, you should be able to get it within stringent timeframes.
Get Started With the Equifax Subpoena Process
Serving an out-of-state subpoena to Equifax for consumer data may sound challenging, but it’s an easy process when you work with the best process servers out there.
Serve Index, LLC is committed to making court filing easy in discovery states. Our team will also attempt to serve the subpoena three times to ensure that even the most evasive recipients will receive and comply with your request.
We’re committed to helping you communicate with courts, and our team will always keep you in the loop regarding updates around your subpoena. Our expert research ensures that they will be filed in the appropriate courts and meet legal requirements within Georgia.
Contact us online today to begin gathering evidence from Equifax the right way. If you prefer, you can also give us a call at 888-994-6339 or email [email protected]. There are multiple ways to get in touch with us, so you can expect a speedy response.
