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Roger
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Category: Legal
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We live in AZ and received a Subpoena Tecum requesting financial

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We live in AZ and received a Subpoena Tecum requesting financial documents as a result of a judgment against us for a broken lease in NJ. We had been trying to negotiate a settlement offer with the landlords lawyer for a lesser amount and they want our paystubs, w2's, and any bank statements to prove that we can't pay all the money due. We would like to NOT have to testify, and instead want to object to the subpoena (the paperwork says you can within 14 days of getting it) that "We object to the subpoena because we do not believe that our private financial documents are needed. We intend to pay the debt in full no later than 3/31/2010 and will not need to make payments." Is this OK? Can we into trouble for objecting etc?
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.

You can file a motion to quash the subpoena, but you must have justified grounds to do so. If you owe money to the creditor for a judgment, your financial information is relevant and the court is likely going to force you to turn that information over to the creditor.

 

You can object and buy some time, but if you don't pay (saying you plan to pay is not good enough), you're going to have to turn the documents over.

Customer: replied 4 years ago.
Buying time...is exactly what we were hoping to do. We received the subpoena tecum yesterday, and it says you have 14 days to object. We were going to overnight a response on 2/12. We should have the full amount due (15K) by 3/15. Do you think the court will have time to review our objection and order the documents between 2/12 and 3/15? If they won't have enough time, and we pay it on 3/15 in full does all court proceedings cease? Should we get an attorney? If so, what kind of attorney?
Expert:  Roger replied 4 years ago.

It is possible - but highly unlikely - that the court would make a decision on your objection before 3/15.

 

Once you file your objection, the creditor has 10 days to file a response; then you have 5 days to file a reply. Once all of this is done, you have to get a court date for the hearing. Setting a motion in most courts takes at least 30 days - usually longer.

Customer: replied 4 years ago.
If we do make full payment while during the activity you just described, and before a court date - does that cease all court proceedings with regard to them trying to have us testify and bring our paystubs, etc.

Thanks for your help.
Expert:  Roger replied 4 years ago.
Yes, it should. If you retire the debt, there is no issue to be heard by the court.
Roger, Attorney
Category: Legal
Satisfied Customers: 26604
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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