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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37882
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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If a defendant wont produce his bank records because he says

Resolved Question:

If a defendant won't produce his bank records because he says he throws them out can I by a motion to compel get him to ask his banks for the records and give them to me?
Submitted: 11 months ago.
Category: Legal
Expert:  Joseph replied 11 months ago.
Hello,

My name isXXXXX am a licensed attorney, and my goal is to provide you with excellent service today.

Actually, the best way to go about receiving these bank records would be to subpoena the records from the bank directly pursuant to the lawsuit that you currently have against the defendant.

You can certainly try for a motion to compel, but it'd be easier if you just subpoena the records from the bank directly.


I hope the above information is helpful.

Please let me know if you have any clarifying or follow up questions as I want to ensure that you are completely satisfied with my service. Please contact me first if you are contemplating leaving me a negative rating, as I’ll be happy to continue to address your concerns until you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get credit for my work. (It doesn’t cost you anything extra and is necessary even though you’ve made a deposit). Please also rate me highly (9-10) when you receive your customer satisfaction survey as well.

Thanks and best of luck!

-Joseph



Customer: replied 11 months ago.
Please reply to the question. If the defendant doesn't have the bank statements (because he threw them out) can't we force him to contact his banks and get the statements and "produce them" to us?

Then if he won't produce them can't we make him do so by filing a motion to compel?
Expert:  Joseph replied 11 months ago.
Hello Linda,

Not unless you had that request in the subpoena for bank account records. Otherwise a person is only required to deliver records that are in his or her possession, and not under an obligation to go to the bank to request these records.

If not, you will need to contact the bank directly to obtain access to the defendant's bank account information.

So, in short, no, you will need to file a separate subpoena with the bank directly to gain access to the defendant's bank account records.
Customer: replied 11 months ago.

Well that won't work because I have no idea where the defendant banks and don't have account numbers. I am entitled to the information because it is relevant to the lawsuit.


 


 

Expert:  Joseph replied 11 months ago.
You can compel the defendant to give you that information pursuant to your subpoena for his bank account records.

If you've yet to do that, you can do it through interrogatories. He would be forced to answer your question or object to it. If he challenges relevance, you may be required to demonstrate how the bank account records are relevant to the law suit.
Customer: replied 11 months ago.
Wel the info is definitely relevant. So you think we should just ask for all bank accounts and bank account numbers for 4 years, all securities accounts and their numbers etc for 4 years? In interrogatories?

In this case assets were sold and the money was put into the accounts of defendants friends but we don't know who the friends are. How can we get that info?
Expert:  Joseph replied 11 months ago.
You can definitely do so, although it's quite possible that the judge would find that request overly broad.

I really don't think you can get the defendant's friends information through the bank account or otherwise, although you can try through interrogatories.
Customer: replied 11 months ago.
Relist: Answer quality.
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your post. A different professional here. I see that you relisted the answers from your previous professional. How specifically can I assist you?
Customer: replied 11 months ago.
I wasn't satisfied with the answers. Can you review my questions and respond please?
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up.

 

I have reviewed the answers and I happen to agree with answers provided. A 'motion to compel' only requires someone to provide records they personally have on-hand (which is why before suit many companies or individuals shred their own documents so as to avoid producing them to others). But going straight to the source, ie the banks, makes more sense--banks would have to respond directly to a subpoena request signed by the judge. Obtaining the numbers to the accounts would need to be done via interrogatories which the parties would have to answer unless they can demonstrate that the question is not relevant, out of scope, or overly broad. What the previous expert suggested is the most certain way of obtaining the information.

 

I apologize if you felt unsatisfied, but in this instance it would be the same approach I would consider taking on if I were in your position. Please take care.

Customer: replied 11 months ago.
What about if we notice the defendants deposition and request all the documents we need. Then if the defendant doesn't being everything. Do as much depo as needed and continue it until information provided by defendant or through subpoenas to banks.

Can you do the deposition in several parts as the information comes in?
Expert:  Dimitry K., Esq. replied 11 months ago.

Thank you for your follow-up.

 

A deposition is generally done once unless new evidence is found and a formal request is made to courts to request a new deposition. That is done to save costs--depositions can be notoriously expensive both sides, so requesting a new deposition over a few questions could be deemed as inefficient and also as a means of intentionally running up costs. Subpoenas could be requested as time goes on with the finding of new information.

 

Good luck.

Customer: replied 11 months ago.
So my only option is to request bank account numbers and bank names by interrogatories .

I need the bank numbers and names for the defendant,s relative and 2 adult kids because some of the money was deposited in them by the defendant.

How can I get the information for people's accounts who are not parties from the defendant?
Expert:  Dimitry K., Esq. replied 11 months ago.

You would need to make them parties--you could potentially attach them as co-defendants and then pursue them for the alleged funds (if any) that they may be holding in their accounts. Then you could subpoena records directly from them and attempt to track and trace the funds and how they were deposited to them.

 

Hope that helps.

Customer: replied 11 months ago.
I am hesitant to make them parties unless I know they did something wrong. Can I get this info from the defendant I any way?
Expert:  Dimitry K., Esq. replied 11 months ago.
The defendant's own bank records may prove or show if a transfer took place. But he only has to reply pertaining to his own records, not a third party. And if that third party is not a party to the case, they likewise do not have to provide you with any information. That is akin of me coming to you and asking you to provide me with your neighbor's bank records. There is obviously no duty on your party to do so, and instead you would need to go to the neighbor for those records directly.

Good luck.
Customer: replied 11 months ago.
Thank you
Expert:  Dimitry K., Esq. replied 11 months ago.

You are most welcome, truly.

 

If satisfied with my work, kindly do not forget to positively rate my answers to you so that I can obtain credit for assisting you this evening.

 

Thank you!

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37882
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
Dimitry K., Esq. and 8 other Legal Specialists are ready to help you
Customer: replied 11 months ago.
I will do it!
Expert:  Dimitry K., Esq. replied 11 months ago.
I truly appreciate it! Please be well and take care!

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