Expert: DebiN - 8/24/2009

Question
i had a very important message in my cell phone i was saving for a court case.when i checked my voicemail i noticed that my important message as well as all my other messages were gone.i call my att service provider and they said it happens from time to time and it was a glitch in the system.and that there is no way they can retrieve the messages they lost.is there any way i can retrieve those messages or subpoena them to give then to me.im not sure whether to believe them when the say its gone for good.

Answer
What you were told by AT&T is totally true. You cannot retrieve a deleted message and a subpoena won't get it for you because it is gone and completely out of the system. Unfortunately, people do not realize that you can't subpoena information that doesn't exist and when you delete a voice mail or email or text, it is 100% gone for good. A subpoena won't get it because it is purged from the system. The wireless carriers are not required by law to retain voice mail, text messages or any such thing. They are only required to retain the record of calls, i.e., date/time, number and length of call - nothing else. People may think that voice mails and texts are critical information (and for many people, they are), but the government doesn't think so and doesn't require carriers to retain this information. Once it is delivered to you, it's up to you to retain it. Voice mail saved messages also have a limit, so your message may have purged due to it's age. When you are wanting to retain something permanently, you are better off transcribing it or recording it to permanent media. Unfortunately, your voice mail box is the property of your carrier and they have the right to purge messages after a certain period of time. I have a feeling it wasn't a glitch, it just reached it's limit in time or size. I'm very sorry that the message was lost, but am hopeful that this won't be a critical piece of your case. Most courts don't rely on this type of information for cases because of this type of thing. I hope this helps. Thanks. DebiN