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Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86376
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Filling out Financial Affidavit..Assets section: I Understand

Resolved Question:

Filling out Financial Affidavit..Assets section:
I Understand we have to write down our Checking accounts numbers (mine and hers)..I do know the four last digits of her accounts but I don't know the balances. What should I write then ??? ..After she went away, she opened new accounts where she is pouring and transfering our marital Cash..What should I Do???
Submitted: 8 months ago.
Category: Family Law
Expert:  Ely replied 8 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my reply.

Do you have a link to the financial affidavit you are filling out that you can link me to, per chance?
Customer: replied 8 months ago.

I am in Florida and I need a paralegal to fill out my petition...I have the form 12.902(b)... (09/12) but it is a hard copy (no digital)..coul you sugest me something to comply my needs

Expert:  Ely replied 8 months ago.
Thank you. Have you filed the actual dissolution for marriage yet, or, has the other party?

Or nothing has been filed, and this is only prep work?
Customer: replied 8 months ago.

Nothing has been filed...this is a prep work

Expert:  Ely replied 8 months ago.
Thank you, XXXXX XXXXX am guessing you are using the form here, then.

You have two options:

FILING AS IS
Someone in one's situation may simply wish to MAKE A BEST GUESS as to what the amounts may be. It is as simple as that. And, once the matter is on the way, update the affidavit when better information arrives.

FILING LATER
Alternatively, one may wish to hold off to file the affidavit but file the dissolution. Then, file a subpoena to the bank to get the amounts of the accounts. Once this is done, then the affidavit ma be filled in and filed. A subpoena requests pertinent information from a third party (i.e. the bank) for the suit.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 8 months ago.

I went to two paralegals and none of them told me about subpoena ..they sugested me to make a list of the account number she has (four last digits) with out writing any balance on them..they said that these information will be provided by my wife when she responds the serving.


Regarding the form...they use the same form but theirs are expandable and let you write your own description of each account.

Expert:  Ely replied 8 months ago.
L,

There are nearly always several ways to approach an issue. You an read more about subpoena here. The one in your case may be subpoena duces tecum. An example of one may be found here (warning, immediate download).

One has to get it stamped by the clerk before sending it out.

The form that I linked you to in my original answer is the form that is CURRENTLY approved by the Court. However, variation is often tolerated by local court rules. It is up to you of course in which method you deal with this matter. I am simply providing general information.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 8 months ago.

Pls tell me if the paralegals were right or not when the said that I have to write down all the checking accounts with no balance,,,and my wife will have to fill them out

Expert:  Ely replied 8 months ago.
Luis,

I am sorry you are not satisfied. I was merely explaining that you have several options here, however, the terms of the site do not allow me to tell you what to do. I can only provide general information. As such, I did not mean to seem uncaring.

Pls tell me if the paralegals were right or not when the said that I have to write down all the checking accounts with no balance,,,and my wife will have to fill them out.

This is an option. Ergo, you may:

1) List the accounts but no balance, and wait for her to reply; or
2) List the accounts and guess a balance, adjust when she replies; or
3) Not file the affidavit withe the overall petition, but, file a subpoena as well, get the information from the bank(s), write it in, and file the affidavit.

Any of these three options can work. It is whatever makes one feel more comfortable and fits into the overall goals.

I hope this clarifies. Please let me know if you need anything else, of course. If satisfied, please consider (re)rating positively, or, press REPLY to chat more! Thanks.
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 86376
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 4 other Family Law Specialists are ready to help you
Expert:  Ely replied 8 months ago.
Thank you for your kind gratuity.

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