Beale Street subpoenas could be null and void - WMC Action News 5 - Memphis, Tennessee

Reported by Nick Kenney

Beale Street subpoenas could be null and void

The papers were just served Thursday, so what could make them null and void on Friday?

The bars and businesses are open. The city wants their financial records. But they might not have to cough 'em up because of a technicality.

Thursday, Action News 5's cameras followed Anderson Madison, a private process server serving subpoenas to every business on Beale.

"The attorneys are asking them to turn over the custodial records," Madison said.

Records they might not have to turn over just yet. By law, private process servers must obtain a certificate from the state department of commerce and insurance and a business license from the county clerk.

According to the Shelby County Clerk's office, Madison's business license was not up to date until he applied for one late Friday afternoon.

"I've been doing this 25 years," Charlie Fineberg of Mid-South Subpoenas said.

Fineberg has been a private process server for 25 years. He said a judge could declare the Beale Street subpoenas null and void as a result.

"The attorney could ask that they be quashed because they were done without proper authority," Fineberg said.

In the end, whatever happens is really just a bump in the road on that Beale Street lawsuit. Even if  judge does decide to discard those subpoenas all the city has to do is re-write a new set and serve them again.

Madison declined an interview Friday, but claims he is legit and that the papers will stick.

The city attorney's office hired the process server.  We left a message for the city attorney, but have not heard back.

Click here to e-mail Nick Kenney.

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