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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3926
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Information Subpoena

Resolved Question:

How do I exempt a non-liable spouses information from an 'Information Subpoena'?

 

I specifically need a location to find a document I can create and file with the court system.

Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
I'm not certain that there is a form for you to use on this sort of issue.

Tell me more about your situation.

1. How did the subpoena come up and what kind of information is it seeking?
Customer: replied 1 year ago.

Credit card default, S&C, default judgment, attempted wage garnishment but I am unemployed.


 


Credit was obtained before marriage, defaulted while married, never living in a community property state (NY).


 


Attorney for creditor now requests bank account information, car value and creditor information, etc. from me (debtor).


 


Creditor's attorney also requests spousal information such as SSN, place of employment, mortgage holder,etc.


 


Since there are no spousal obligations under said debt, how do I object certain questions under the 'Information Subpoena' pertaining to spouse, including providing joint tax returns?

Expert:  Zachary replied 1 year ago.
Thank you for your response.

You need to create a document which is entitled:

"Response to Subpoena"

After that, type out each request and then state an answer or object as follows:

1. Produce all your tax returns, including joint tax returns filed by you and your spouse.

Answer: OBJECTION. Respondent objects to the foregoing request on the grounds that it is overly broad and seeks information outside the scope of this procedure and which is irrelevant to Movant's garnishment rights. Further, the request is harassing in nature. Subject to the foregoing objections, please see the attached documents which are responsive to this request.

2. Please state you and your spouse's bank account numbers and provide the location of each bank account (Bank Name, Branch, City, State).

Respondent objects to the foregoing request on the grounds that it is overly broad and seeks information outside the scope of this procedure and which is irrelevant to Movant's garnishment rights. Further, the request is harassing in nature. Subject to the foregoing objections, Movant responds as follows: (place your bank account information only)

Repeat the same objection for each and every request or question which seeks information about your wife. Provide all the information that you can which is not about your wife, to ensure that you show the court you are responding in good faith.

At this point, because you are not employed, the Credit Card company is seeking to garnish your bank accounts. If you have joint accounts with your wife, you need to make sure that you are taken off those accounts and that they remain only in your wife's name. Otherwise, these funds could become liable to seizure by the credit card company through a bank account judgment.

Please let me know if you need more information.

-ZDN
Customer: replied 1 year ago.

 


 


As far as providing the tax returns (which are joint) with 'Response to Subpoena,' is it ill advised to black-out spousal information on the return? Said returns would obviously contain information regarding my spouse which is not pertinent.

Expert:  Zachary replied 1 year ago.
No. Blacking out is a common tactic to prevent parties from seeing non-relevant information which could be considered confidential.

Be aware that objections and blacking out things will likely result in what is called a Motion to Compel from the Credit Card company which will seek the court's ruling on your objections. You will have to go to court and argue as to why your objections are valid. Obviously, you already know the answer, that you objected because this is seeking your wife's information and she is not liable on the debt.
Expert:  Zachary replied 1 year ago.
Hi,

If you are satisfied with my answer, please rate my answer positively so that I might be paid by the website for my work on your question. If not, let me know what else you need.

I appreciate your business.

-ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3926
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 7 other Legal Specialists are ready to help you

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