Myrtle Beach, SC asked in Consumer Law and Construction Law for South Carolina

Q: What do I file if a company ignores a Subpoena to produce documents by a certain date?

What do I file if a company ignores a Subpoena to produce documents by a certain date in SC? I am representing myself "Pro Se" because I can't afford the large attorney cost I was told and I make too much to qualify for help. The Company installed the flooring wrong and it is uneven everywhere and is coming up. It has been a year of fighting with this company to fix this right and it resulted in me having to file papers in court. Now they have ignored the Subpoena the clerks office can't tell me what to do next to compel them to turn over the documents. I have now two flooring inspectors that has said the flooring needs to be redone. One of the inspectors was paid for by the company and the other by me and they both say pretty much the same thing. I just need the actual report the company refuses to turn over. Please Help?

1 Lawyer Answer
D. Nathan Davis
D. Nathan Davis
  • Consumer Law Lawyer
  • Licensed in South Carolina

A: You will need to file a motion to compel and for sanctions if the company is ignoring the subpoena. This is done pursuant to Rule 11 and should get you the desired result. You need to send a letter threatening to file the motion to the attorney for the company.

Unless your case is in Magistrate Court which normally does not have a motion's practice or the business is not incorporated, they must be represented by an attorney and the officer/owner cannot appear on behalf of the company.

I will caution you that just because you get an Order for Sanctions or a judgment, you may still not be able to collect.

Hopefully, the company doing the work is licensed. If it is licensed, it may have been required to post a bond to respond to your claim for damages. Hopefully, the company pulled a permit to do the job at your home. If a permit was not pulled for the job, contact the city or county business license department to find out if a license has been issued to the company. A lot of the business license agencies have a revocation proceeding which may prod the company to want to shut you up.

Almost every contractor is required to be licensed by someone, It may be the county, city or state, or a combination of them. You may have to even go to the trouble of tailing the company truck and call the licensing department to report them if there is no permit posted.

What you have to do is be a bulldog who is not giving up the bone. The company is trying to ignore you so you will go away. If they realize that is not going to happen, then they will likely want to get you out of their life.

Don't forget to contact the BBB to find out if they are a member. You may find out that what is happening to you is the way the company operates. If that is the way it does business, it really wants to keep you quiet.

The Clerk of Court has a motions docket which you can look at. Try to find some Motions to Compel which are public records and use them as an example.

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