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JD 1992
JD 1992, Lawyer
Category: Family Law
Satisfied Customers: 33243
Experience:  Began practicing Family Law in 1992
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I have received multiple subpoenas from my wife's lawyer for

Customer Question

Hi. I have received multiple subpoenas from my wife's lawyer for records from my employer, prior employer, banks, and 401k. I feel I have grounds to object to these subpoenas, but I don't know the justification. Here are the details:
1) My prior employer - a year ago he subpoenaed them while I was still in employed there. They objected to him requesting 200,000 pages of emails, their tax returns (they are a private company). They only provided him with payroll journals, which he already had. He left it alone. Now, last week, he subpoenaed them for the same thing for the same time period. I feel like it is just a way to provoke and annoy me.
2) my current employer - I've been with this current employer for 3 months. They are asking for everything like my prior employer. It is also a private employer. I have offered to give my pay stubs, but they said that is not enough. They want all emails, etc etc. I feel like it is just to embarrass me, considering I am new and the registered agent is co-owner of this 800+ employee company.
3) They are subpoenaing a bank that my wife is co-holder of. Can't she just get the docs herself?
4) They are subpoenaing my 401k provider for statements, event though they have them in hand already.
5) they are subpoenaing my bank for over a years worth of statements. I have already provided them statements 10 months ago, now they are re-asking for those + all the current ones.
this case is going to trial in Oct and the lawyer says he is doing this becuase he needs everything for trial. Just to add, the trial is ONLY for spousal support. We are in a disagreement of how much Spousal Support I have to pay. Everything else has been stipulated on.
He has been very very provoking and borderline harassing throughout this case. And threatens me with all kinds of legal stuff that I don't understand I as I cannot afford a lawyer.
Is there anything I can do to stop this? Especially stop the embarrassment of the subpoena to my job?
thanks for your help.
Submitted: 10 months ago.
Category: Family Law
Expert:  JD 1992 replied 10 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

It is easy enough for a lawyer to stop all these subpoenas by using a Motion to Quash and asking the court to enter an order "stop discovery" since it is so close to trial.

Unfortunately, while subpoenas aren't hard to do they are hard to do if you don't do a lot of them. Even if you don't have a lawyer for the trial, and you are making a mistake not having one if she has one, you should at least hire a lawyer to handle the subpoenas.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

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