I am issueing a Subpeona Duce Tecum to the financial institution of the defendent in a small claims case in Oklahoma and I also need to by the financial privacy act notify the defendent of my request. Do I use a certificate of service to be delivered to the defendent? and if so do I serve the defendent first then wait 14 days and produce the subpeona with the certificate of service 14 days later to the bank?
We have been into court 5 times each time the defendent has an excuse. Now the judge has it set for trial. I really need to know how to notify the defendent that I will obtain a copy of the cancelled check for the court?and in what process I should do this? Notify the defendent then wait 14 days then serve the subpeona duce tecum to the bank?
Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.
To provide you with accurate information, could you please clarify this point so I can best address your inquiry:
I think I am understanding your plan correctly, but I just want to confirm one point. Have you already tried to compel the defendant (through Discovery) to produce a copy of the canceled check?
Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.
The defendent did produce the copy of the front of the check on the first day of court. She explained to the judge that the bank could not locate the back of the check because of damaged microfish. The judge gave her 30 days to get the back of the check she claimed she paid me with. She then in 30 days produced to the court a back copy of a prior cancelled check that she had paid me with. The judge then re scheduled 30 days for me to prove it was a different check. I have that evidence that the back of the cancelled check she produced to the court was payment for a prior invoice. I also have evidence from my bank of all trasactions of biz done with her. I have collected copy of front and back of every cancelled check she has payed me with, along with the deposit slip the check was listed on and the original concurring bank statement with those deposits. This is important because they are all numbered by a bank clearing house.
The defendent has also produced a single page photo copy of her bank statement showing where the check in question has cleared her bank. This has been forged, but I can't prove it. If I accuse her of Forgery the judge will throw me out. I will look bad for even making the accusation, but a fifth grader can tell it is a fake, because it has been photo copied so many times that the fine print is elligible.
The only other thing I could think of doing to disprove her is to subpeona a copy of the front and back of the check myself. On my subpeona duce tecum I reasonably request her bank to produce a microfish copy front and back of the check in question and nothing else. I figured she has produced a fake of it to the court anyway and she would not be able to quash my request.
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Thanks so much Ben!!!!! Sorry took awhile to reply, but you provided me with alot of great reading material. LOL...... This will be a big help and thanks again.
You are quite welcome. It was entirely my pleasure to be of some help.
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