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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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how do i immediately stop a subpoena for bank records what ...

Resolved Question:

how do i immediately stop a subpoena for bank records? what form do i need to fax to the bank?
Submitted: 8 years ago.
Category: Legal
Expert:  Law Educator, Esq. replied 8 years ago.
You need to file Motion to Quash with the court to the subpoena and send a copy of it to the bank. Simply draft a page with the case heading and under that title it "Motion To Quash Subpoena" And begin your motion with "pursuant to Section 1987.1, (plaintiff/Defendant) hereby moves to quash the subpoena issued to (bank name) on (date) and then state the reasons you seek to quash the subpoena. Sign it, date it, write on it that you sent a copy to the opposing counsel and the date you sent it and sign that also. Then file it with the clerk and send it to the bank.

In accordance with Section 1987.1 Code of Civil Procedure, the consumer or Named Individual whose records are being Subpoenaed may, prior to the date for production of their records, bring a Motion to Quash or modify the Subpoena; and this notice shall be given to the Custodian of Record (or Legal Coordinator) and the Deposition Officer prior to production. Except upon order of the court, the custodian or Deposition Officer will no longer be required to produce the records.

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