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Cost to Subpoena Cell Phone Records?
had a friend impersonate my husband and called our cell provider to get my number released from his cell plan. My husband and I (now in divorce court) are low on money and I'll be honest, it's mostly my fault as I ran up credit card debt without his knowledge.
I asked for the divorce and wanted it to be amicable. However, he did not want the divorce. He got a lawyer and that made me furious as we do not have the funds to pay for two attorneys and now they are draining us for fees. Again, I must be honest and say that I've been VERY brutal on him and have even kept him from the children. I know I'm going to get 1000000 people telling me how bad I am. I know I've made mistakes but I now just want to get it over with but he now may have the upper hand. Our cell phones are in HIS name and I don't want him to be able to check to see who I'm talking to. NO - there is not another man but if we are going to be divorced that's just one thing we need to separate from now. Regardles, I asked a friend to immiate my husband and say that he was my husband and call the cell provider and get me off of his plan and onto my own private plan.
What I should have done is simply let him know I want released from his plan and if he refused to allow this, just get a new cell and allow him to keep paying (with money we don't have) for a wasted line.
I REALLY wish I'd have done this but I asked a male friend that my husband does not like to call and pretent to be my husband. He gave the carrier my husbands social security number (which I proivded) and got the line removed from my husbands account.
I changed the passwords to all of our online banking accounts and and today he called the cell carrier and figurd out what I did. I learned this through a mutual friend. It appears that he is not mad that I got the line removed but furious that I allowed someone to impersonate him (someone he does not like) and that I provided them his social security number. Also, it appears that the carrier is not real happy either and told him that if he served them with a subpoena that they would provide an audio copy of the call itself.
A few questions here:
1. Could me or the guy that made the call be in trouble? If so, why? What's the big deal? Nobody got hurt in the whole thing.
2. How does he obtain a subpoena for the call and what form will they provide it? Will it just be sent on audio tape to his lawyer?
3. How much does this cost him to get the records?
4. As I stated, he really does not like the guy that made the call and if he thought he could get him in trouble I think he'd sale his liver to get the money to make this happen.
5. I am best friends with the wife of the guy that made the call. She will be furious with us both if this causes any trouble. Could my husband sue him and get any money from him?
6. We have kids and I know he wouldn't want to have their mother put in jail. However, I admit to being less than fair over the past few months and I really regret that now as I guess the "shoe is on the other foot". I threatened to have him lose custody of his kids and to be honest, now that the ball appears to be in his court I see that I've treated him wrong. I'm sure after all I've done he'll probably not think and do whatever he can to get even. One of his close friends would take this case I'm sure and I know the guy. He's nothing but greedy and would love to make money while helping out a buddy. Could I honestly see jail time for something so minor?
2 Answers
- 1 decade agoFavorite Answer
Claiming to be someone else is fraud, same as applying for a credit card in someones name. Yes you could go to jail, more likely though you would receive stiff fine and probation. 1000's not 100's
Unless you removed any money without consent, if it was his sole account...bye. If it was joint, you may be asked to return the money.
Talk nice return what he asks for, and he may not call the police.
Next, get your own cell phone and lock the keypad. Or he can get a copy of your bill and calls.
- Anonymous5 years ago
Why did you even bring it up? If your husband to be retired doesn't know, don't pursue it. I reckon it is very small fish in a divorce case, and the cost of obtaining telephone records, even if a court would allow it, is prohibitive. The cost of legal action to get hold of some call that has probably by now disappeared into the ether would be far more than it could possibly be worth.