dangonay
01-05-2014, 07:48 AM
I've taken people to small claims court a few times over disputes so I'm pretty familiar with how things work. However, my current situation is a little different so I thought I'd ask here first.
The thing is, I'm not suing for money or a debt. I want to sue someone to hand over copies of documents. These documents are bank records and I have enough information to know they exist and that they were used to attempt to commit a fraud against me (fraud failed, I caught the transfer in time).
The bank can't hand them over without either a court order or police involvement due to privacy issues (the records are attached to the other persons account).
I don't want to involve the police just yet (but may later depending on how things go). I also know the other person so this isn't a random incident. The other person is not cooperating.
So my options are:
- Sue the bank itself to force them to hand over the records.
- Sue the other person and have the court order them to sign a consent form so I can see the documents.
- Let the police handle it (where I may or may not get full access to the documents anyway).
I'm going to call a lawyer tomorrow anyway, but I wanted to know if it's possible to sue through small claims court for something like getting access to documents, or if small claims is only for financial matters.
The thing is, I'm not suing for money or a debt. I want to sue someone to hand over copies of documents. These documents are bank records and I have enough information to know they exist and that they were used to attempt to commit a fraud against me (fraud failed, I caught the transfer in time).
The bank can't hand them over without either a court order or police involvement due to privacy issues (the records are attached to the other persons account).
I don't want to involve the police just yet (but may later depending on how things go). I also know the other person so this isn't a random incident. The other person is not cooperating.
So my options are:
- Sue the bank itself to force them to hand over the records.
- Sue the other person and have the court order them to sign a consent form so I can see the documents.
- Let the police handle it (where I may or may not get full access to the documents anyway).
I'm going to call a lawyer tomorrow anyway, but I wanted to know if it's possible to sue through small claims court for something like getting access to documents, or if small claims is only for financial matters.