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Ellen
Ellen, Lawyer, Consultant
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Can a creditor subpoena bank records and cancelled checks?

Resolved Question:

Can a creditor subpoena bank records and cancelled checks?
Submitted: 8 years ago.
Category: Legal
Expert:  Ellen replied 8 years ago.

Hello,


Thank you for your question. I am happy to assist you.


A creditor must first reduce his claim to judgment. He can then file an action to collect on the judgment and that would include a subpoena for financial records.


I hope that the information which I provided was helpful to you.


Best wishes for a successful outcome. If you have additional questions, please do not hesitate to submit them to me directly.


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Ellen and other Legal Specialists are ready to help you
Customer: replied 8 years ago.
So, they cant get bank records for my enitre year until they have gotton a judgment?
Expert:  Ellen replied 8 years ago.
Hello,

They cannot get ANY bank records without your permission absent a judgment.

I hope that this information has helped you.


If I can be of assistance in the future, please ask for .


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THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

Customer: replied 8 years ago.
So the creditors lawyer can't subpoena my bank and get all of my bank records for the entire year?
Expert:  Ellen replied 8 years ago.
Not without a court order.
Customer: replied 8 years ago.
What do you mean by court order, they have a summons against me and than he just subpoenaed by bank records and cancelled checks.
Expert:  Ellen replied 8 years ago.
Hello,

As per my first answer:
A creditor must first reduce his claim to judgment. He can then file an action to collect on the judgment and that would include a subpoena for financial records.

If you think that your records have been wrongfully subpoenaed, then you need to move for a protective order. You will want to retain an attorney to assist in this process.


I hope that this information has helped you.


If I can be of assistance in the future, please ask for .


Bonus and Positive Feedback = job well done.

THIS IS FOR INFORMATION ONLY. NO ATTORNEY-CLIENT RELATIONSHIP EXISTS. PLEASE CONSULT A LAWYER IN YOUR STATE FOR LEGAL ADVICE

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