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When an attorney obtains a subpoena (or other form of legal process from a court) to obtain a person's bank records, they do not have a legal obligation to inform the account holder.
You do, however, have a right to file a motion in court to quash the subpoena.
If you feel that the subpoena was issued in error (i.e. they are going after the wrong person), you should file the motion.
No, that is not what I am trying to get to... According to the bank's notice to me; this law office is retained by a brokerage firm that has never sent me a mail or phone calls to me. It seems that they have an order from superior court and I do not know what to do.
Bank sent me only the first page that states "Subpoena in a Civil Case" How can I file a motion not knowing what is going on.
I understand. Legally speaking, they have no obligation to inform you of their investigation until they are ready to do so. They most likely know that you will receive notice once they issue the subpoena to your bank that your bank will inform you.
The best way to figure out what is going on is to object to the subpoena through a motion to quash. That will force the law firm to defend the reasons they have issued the subpoena, and in the process you will figure out what is going on.
How do I object to the subpoena through a motion to quash?
You get the court and case number XXXXX the subpoena and then file a motion to quash in that court. Here is a good, concise definition of a motion to quash: http://wiki.answers.com/Q/What_is_a_motion_to_quash
It has to do with FINRA and they are located in Washington while I am in Texas
Here is a link to a website that links a motion to quash. You can use it as a sample and modify it to fit your situation:
OK. Most counties allow a person to e-file online. All federal courts allow e-filing.
I thought I was chatting with Dimitrie who was in Washington and deals with FINRA realted cases
May I ask your name?
I'm TexLawyer. Would you prefer someone else?
And your area of practice?
I was provided with Dimitrie's profile and expertise that stated the area I was needing help with
I do general legal work, but I've done a significant amount of financial investigative work.
Sorry, I misspelled his name isXXXXX
how did he get replaced with you?
This question was posted on the forum where all experts have access. It did not indicate that it was meant for Dimitry. Would you like me to refer this question to him?
Or would you like to continue with me?
WHen I submitted my question; it showed that "Dimitry Esquire" was ready to answer my quesion along with his profile.
That just means that he's online, but so are many other experts. If you want a specific expert to answer your question, you have to post it directly to them or indicate in the question itself that it is intended for someone specific.
I think "JustAnswer" does not work right. Why would I agree to ask question not knowing the area of practice.
If you post a question in the general legal category, you get an expert from that category. There are several sub-categories available. However, all experts on JA must past a difficult test and have a demonstrated proficiency in the field.
If it was a general question then I would have googled it but mine was very specific to the area of practice. thanks you so much.
When you post a question in legal, you get one of several lawyers online at that time.
So, would you like me to refer this question to Dimitry or would you like to continue with me?
I have already spoken with an attorney and I was instructed to consult with very specific practice attorney.
can we disconnet, please?
No problem. Again, would you like me to refer this to Dimitry?
I see that you've rated my service as poor. I understand that you want me to opt out, but, again, do you want me to refer this to Dimitry or would you like another expert currently available to assist you?
yes, but it is an immediate need.
Yes to which?
It is not you; it is JustAnswer that has provided me "bad service"
When you rate the service as bad, you are rating the expert assisting you, not Just Answer as a whole, which goes to my overall rating.
OK. I will refer it to him. He will assist you when he gets online.
It was an immediate need... I will contact a different site and seek help. thanks
I have already contacted an attorney with required expertise.
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