I recently got a letter from my bank, with a copy of a subpoena demanding copies of ALL bank accts, savings, safety deposit box information in my name. The subpoena referenced a case in another county that I am NOT a party to, however I do know the defendant in the case, who was also listed on the same subpeona. The defendant and I are signers on a coorperate business account. My questions are; is it legal and 2; because I am not a party at all to this case (divorce) and the subpoena was for any and all accounts, either one of us, it was broad. If not legal, what laws or codes does this violate in GA?
Country relating to Question: United States
State (if USA): Georgia
I am going to file a "stalking order" to prevent this from happening, as we received these from 2 banks and they are threatening me with the information, that they know where I shop and what business I do!
You have to file a motion to quash on your behalf, since your personal accounts have nothing to do with this case, although the corporate account, if he is part of the corporation would be something they could get in discovery. You have to file the motion to quash within the time specified on that Subpoena you received and you would argue that as you are not a party to the suit and your personal accounts are not involved or at issue in the divorce proceeding the subpoena is over broad and not reasonably calculated to lead to the discovery of admissible evidence and it is designed to do nothing more than to annoy, embarrass or harass (these are the two reasons why discovery can be denied by the court). See: OCGA 9-11-26 (b) Scope of discovery. Unless otherwise limited by order of the court in accordance with this chapter, the scope of discovery is as follows: (1) IN GENERAL. Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence;
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So what do I use in my defense in the stalking matter, this entails more than these records, she has directly threatened me and even my children. She has called police in more than one occasion and reported a burlery in progress, when she knew I was in the house!
The stalking is a separate matter and you can file a Harassment suit and seek a restraining order against her from coming anywhere near you, your children or your business and you can get those forms at the clerk of court's office.Taking him off the account now is too late, you will still end up having to disclose those because it pertains to discovery of his income.
JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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