Subpoena bank

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Latest post 03-12-2008 7:21 PM by Innerlaner. 9 replies.
  • 02-27-2008 11:25 PM

    Subpoena bank

    What kind of information can you subpoena a bank for? A friend I spoke to said you could subpoena someone else's bank statements. Another friend disagree. Anyone know?
  • 02-28-2008 8:46 AM In reply to

    Feedback [*=*] re: Subpoena bank

    “ A friend I spoke to said you could subpoena someone else's bank statements. ”

    Subpoenas are issued in the course of litigation. You can only subpoena persons or documents that are relevant to the issue that is in litigation. If Julie sues Joe for child support and Joe is self-employed, Julie might subpoena Joe’s recent bank records to help prove what his income is. She could do that because his income is relevant to the issue of determining child support and the bank records are evidence of what his income is. She could not, however, obtain the bank records for Mary, Joe’s new girlfriend, because Mary’s income is not relevant at all to the issue of what child support Joe must pay.
  • 02-29-2008 11:39 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,151

    re: Subpoena bank

    Well you can request any records you want---and depending upon who is a named party you may have to pay for them or go get them separately--and its your burden to prove they are relevant! .

    If Mary suspects her EX Joe of hiding assets/income via his new live in lover Jane--there are probably ways to get Janes records to determine if she was conspiring with Joe to hide Joes assets/income but thats best left to Marys attorney.

    I give Mary zero odds to get Janes records via the from door if Jane is NOT a party to her action!

    (and even if she does she may need to pay Jane to go get them and certaily Jane has a number of defenses to raise )

    So the short answer is it is most unlikely have any duty to turn over to you my bank records to assist on your fishing expedition!





  • 03-01-2008 10:46 AM In reply to

    re: Subpoena bank

    Thanks for the information.

    This raises another question: can I subpoena any (bank) office or must it be the local office of the defendant, complaint or headquarter? Thanks!
  • 03-01-2008 11:47 AM In reply to

    Feedback [*=*] re: Subpoena bank

    The proper manner of service of the subpoena depends on your state’s rules of civil procedure, You will need to consult the PA rules of civil procedure (assuming the bank is located in PA) to determine what is required.

    Typically, the rules provide that proper service on a corporation (which is how banks are almost always organized) is made by either serving the registered agent in the state or by serving an officer of the corporation, if one is located in the state. Serving the agent is usually easy, so that’s the way to go if your state’s rules provide for that. But you must make sure that you follow exactly what the rules provide to make the service good or you may not be able to get the records.

    Note that the rules also generally require that the opposing party be notified of the subpoena and they would have the chance to object. The bank will also, of course, notify the account holder of the subpoena and they will have an opportunity to object as well.

    Of course, you need to be involved as a party in a lawsuit that has already been filed to issue a subpoena, and, as noted earlier, the information sought must at least be potentially relevant to the claim at issue in the lawsuit. The law disfavors “fishing expeditions” or using a subpoena for an improper purpose. If you are a party to a lawsuit, you probably should have an attorney representing you, and he or she will know how to get these bank records if they are needed for your case.
  • 03-01-2008 12:13 PM In reply to

    re: Subpoena bank

    Got a default judgment against someone in another state over an internet scam. Learned that he has an account with Bank of America. Bank of America is everywhere. All my friend wants his money plus court cost back. Scammer already warn my friend that no one cares about his little problems.
  • 03-02-2008 10:55 AM In reply to

    Warning [=*#] If he has a judgment already, then he should levy the bank

    If your friend has a money judgment, then what your friend probably needs to do is serve a proper bank garnishment/levy on the bank to attach whatever funds are in the bank. This should be done by serving the bank in the state where the account is located, ideally. If that is not where the judgment was obtained, then he may need to domesticate the judgment first. If he issues a subpoena to the the bank for records of the account first, that doesn't help him here. All that does it put the defendant on notice that your friend knows where he banks. (As I said earlier, the bank will tell the account holder of the subpoena.) The defendant will then take out any funds he has there and your friend won’t collect. If he has information about the bank account, then serving the levy or garnishment (those are two terms that mean basically the same thing) is what he wants to do, because once the levy or garnishment is served, the account is frozen and after a set period of time, the funds get turned over to your friend unless the defendant raises a proper objection to the levy/garnishment.
  • 03-02-2008 11:52 AM In reply to

    re: If he has a judgment already, then he should levy the bank

    Thanks a bunch! Exactly what I'm looking, though I didn't word it correctly earlier!!!!
  • 03-11-2008 3:58 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,151

    re: Subpoena bank

    If has a judgement and he can levy it upon he bank make sure he levies it with care and has time of day it was levied etc--you don't want it deliverd to bank on Monday and its sets around until Thursday until the account is blocked, meanwhile customer is alerted and customer cleans out the account.



  • 03-12-2008 7:21 PM In reply to

    More [=+=] New Discovery

    Thanks Drew for your response but we may be too late ...

    Yesterday we got an email from someone who was scammed by the same person, asking for advice on what to do/what we did. So, we can assume scammer closed his account, because Paypal could only reimburse the 2nd victim $200.

    Paypal actually told 2nd victim to return the laptop for a full refund -- now the victim is out the bad laptop and additional shipping costs.

    Not sure what to do next .. thought I'll provide an update.
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