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Court Upholds West Virginia Attorney General's Investigatory Subpoenas

By: The Associated Press Email
By: The Associated Press Email

CHARLESTON, W.Va. (AP) - The West Virginia Supreme Court says the attorney general's investigative authority includes issuing subpoenas. The decision came in appeals of two Kanawha County Circuit Court rulings by several debt collection companies.

The Attorney General's Office issued an investigative subpoena in January 2010 to Calvary SPV I, Calvary SPV II, Calvary Investments and Cavalry Portfolio after receiving consumer complaints that they had violated West Virginia's Consumer Credit and Protection Act. The companies argued that there was no probable cause to issue the subpoena.

In an opinion released last week, the court says the attorney general demonstrated ample probable cause.

The case was sent back to circuit court to decide whether any portion of the subpoena is subject to discovery in a lawsuit filed by the attorney general against the companies.


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