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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 32154
Experience:  Began practicing law in 1992
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My husbands ex wife has obtained details of my bank

Customer Question

my husbands ex wife has obtained details of my bank transactions through a private investigator without my persmission
JA: Has anything been filed in court yet?
Customer: no
JA: Have you talked to a lawyer yet?
Customer: no, I have literally just started to look at what my options are against both the ex wife who is a UK citizen and the PI who is based in Texas
JA: Anything else you think the lawyer should know?
Customer: not currently
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Submitted: 4 months ago.
Category: Legal
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Is there a specific question with which I could assist?

Customer: replied 4 months ago.
My husbands ex wife has obtained details of my bank transactions through a private investigator without my permission. I want to know what my options could be regarding action I can take against both his ex wife who is a UK citizen based in the UK and the P.I who is based in Texas.
Expert:  Dwayne B. replied 4 months ago.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what do I do", "what are my rights", or "what are my options", we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Expert:  Dwayne B. replied 4 months ago.

Also, where are you located and where is the bank located?

Customer: replied 4 months ago.
What legal action can I take against my husbands ex wife for enlisting the services of a private investigator who has illegally obtained details of transactions in my personal bank account. Also what action can I take against the private investigator who has acted illegally?
Expert:  Dwayne B. replied 4 months ago.

In theory you could sue them for invasion of privacy but the problem is that you weren't "harmed" in any tangible manner and so you are likely to spend more on the case than you can recover from either of them.

If you have a case pending against your ex then you can file a Motion to Strike that information from being used, then a Motion for Sanctions for them using illegal methods to get it. You can also file a criminal report with the police and file a complaint with the state licensing board for the PI.

I'm sure you have additional questions on this topic and since it covers several different areas I'll stop here and give you a chance to ask any follow ups you have.

Customer: replied 4 months ago.
Understanding that a lawsuit would likely be futile. Are there any type of injunctions that would be enforceable against either party?
Expert:  Dwayne B. replied 4 months ago.

Absolutely. What type of behavior do you want stopped? Any investigation, any investigation by this PI, etc?

Expert:  Dwayne B. replied 4 months ago.

The narrower then the more chance the judge will grant it.

Customer: replied 4 months ago.
An injunction against the ex wife to prevent her making illegal inquiries and/or infringement of privacy. I think perhaps the best action to take against the PI would be to make a complaint to the police.What are the ramifications to both if I filed sanctions for their illegal activities?
Expert:  Dwayne B. replied 4 months ago.

The ramifications will only be against your ex but the judge will presume they had a part in this since it involves your case. The bad part is they could have gotten the information legally by filing a discovery request or a subpoena.

Injunctions are very complicated (if you're not used to doing them) but can be used to stop almost anything.

The steps to an injunction are:

1) An Application for TRO (Temporary Restraining Order) is filed along with supporting evidence such as affidavits. Usually the Application for Injunction is made at the same time. The TRO is a temporary measure and is not absolutely required before you get an injunction.
2) An Ex Parte (without the other side present) Hearing is conducted and the judge either issues the TRO or denies it. If the TRO is issued the judge orders a bond set in a sufficient amount to compensate the other side for any damages accumulated while the TRO is in place if the applicant fails to prove their right to an injunction.
3) A hearing on the TRO is set.
4) The TRO and notice of Hearing is served on the defendant.
5) The defendant should immediately begin following the judge's orders.
6) The TRO hearing is held and each side has an opportunity to present evidence and question witnesses.
7) The judge makes the decision on whether to convert the TRO to a Temporary Injunction or not.
8) If the TRO is converted to a Temporary Injunction then the judge sets a new bond to be in place.
9) Discovery is conducted by both sides.
10) A request for hearing date is made on the matter of converting the Temporary Injunction into a Permanent Injunction.
11) The hearing/trial is held on the Permanent Injunction and the judge issues a ruling.

These are what are known as extraordinary remedies and the procedural rules for these as well as the case law are EXTREMELY specific and difficult. If ANY mistakes are made the judge has no choice but to deny the relief and will not likely reconsider it in the future.

Just as an example, getting injunctive relief, both temporary and permanent, requires that evidence be offered of:
1) An immediate need,
2) Which, if not granted, will result in irreparable harm,
3) With no adequate remedy at law, and
4) (on temporary order) The person requesting the injunction is likely to succeed at a full trial on the merits.

If evidence is not offered to meet these four requirements, in a manner that the judge knows this is what the evidence shows, then the petition will be denied.

There are more requirements than this depending on the exact facts of the case but it is very, very easy to mess up one of these and end up having to pay damages to the other side just because your paperwork wasn't done properly.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work.

Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.

Customer: replied 4 months ago.
Please correct me if I am wrong but they can only file a discovery request if I have declined to provide the information is that correct?There has been no request to me to provide any information to anyone. Even then do I not have to be served with the subpoena or discovery request first?
Expert:  Dwayne B. replied 4 months ago.

No, they can file a discovery request at almost any time. If you're in Texas there is a specific section of the Rules of Civil Procedure that deal with discovery and sets the limits.

You should have received a copy of the subpoena so that you would have had a chance to object. You would have to be sent the discovery, when serving discovery it can mean just mailing it to you.

Customer: replied 4 months ago.
My husbands dealings with his ex wife have been through the courts in the UK. There has been absolutely no legal proceedings in the USA (Texas). I have never had any part in these proceedings other than I married her ex husband. Surely there would have had to be legal proceedings in the USA in order for any filing of a discovery?
Expert:  Dwayne B. replied 4 months ago.

Yes, I assumed/understood there was a case here in the US. You can't send discovery or get a subpoena without a case. There is a way to get discovery here on a case in the UK but it is a convoluted process and you would be notified.

You can't ask for sanctions without a case here either because sanctions are filed in an already existing case.

You can still file the licensing complaints and get an injunction and since you will require a case for the injunction you can also do discovery in that case. The lawyer may be able point to an additional cause of action once they do an in person interview and obtain all the facts.

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