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CalAttorney2
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Experience:  Civil litigation attorney for individuals and businesses.
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A California corporation has been served with at138, ej125

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A California corporation has been served with at138, ej125 as a third party, boxes 2b a 2c are checked only, there is a "declaration of an attorney in support of third party examination and subpoena to produce documents of third party" the list of documents is for a former employee who has a large un payable judgment against him. What if any information does the corporation must supply?

William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

In order to satisfy the corporation's duties and obligations under this order, the corporation must supply those documents responsive to the demand (usually documents relative to retirement accounts, payment records for a reasonable period - usually 6 months or so, but it can be longer, or any other assets which the employee / debtor has a property interest in).

William B. Esq. :

As far as producing someone to testify on the date indicated, the corporation must submit a "person most knowledgeable" with regard to the documents or information (same information as above) that can testify under oath.

William B. Esq. :

In almost all cases, counsel will forego the oral testimony and accept the documents in lieu of any oral deposition.

William B. Esq. :

Most attorney's will also work with the corporation to change the date and time of the examination if an oral exam is still required.

Customer:

Thanks Bill for your help, can the corporation just not answer and if so what will happen to the corporation if it doesn't? can the corporation plead that any info and all info is considered confidential?

William B. Esq. :

The corporation will be in contempt of court and face sanctions from the bench if it does not answer. (Financial sanctions are ordered by the Court and can vary depending on what the judge believes is necessary to compel the attendance by the corporation - for reference, a debtor's failure to appear results in a bench warrant).

William B. Esq. :

The information can be privileged as to third parties (the corporation and/or other employees), but the information related to the employee is no longer privileged due to the fact of the judgment against him (health care information etc. is privileged, but the fact that he has an insurance policy is not).

Customer:

the amm

Customer:

The amount of documentation demanded by this attorney is large and very time consuming to research however the items that pertain to the former employer are small (pay records going back to march 2011, every other demand the corporation has no record of or it never existed), so am I to understand that there is a counter form to give to the attorney or just show up with the payroll info, which is all we have.?

Customer:

and will that suffice the summons

William B. Esq. :

You can simply produce the documents responsive to the request (you still need to make someone available for the examination - but try contacting the attorney first, and offer the documents in lieu of a personal appearance (there is no need to force a personal appearance if the party is already receiving its documents and there is nothing else to share).

William B. Esq. :

If the attorney does cancel the examination, make sure you either get it in writing, or that you write your own letter to the attorney "confirming" that the examination is being taken off calendar due to your providing the documents.

Customer:

ok thank you bill, I will ask for you again!, does the documents in clude when you say retirement ...401 k I believe that is confidential or am I wrong?

Customer:

and what if we rehire the employee, does all info remain confidential?

William B. Esq. :

No, it includes the retirement (it may be "exempt" from collections if the employee properly claims these exemptions from any levies etc. by the creditor, but the creditor still has a right to see this information).

Customer:

Sorry bill one last question, if we rehire the employee does all become protected under the corporate vail (if that employee was a officer) or does it not matter if he is employed by the corp or not?

William B. Esq. :

No, the employee's assets (anything that the employee has an interest or right in) is subject to future examination and collections.

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