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Question

I have been subpoenaed by my son's ex wife to provide a copy of all banking documents for all accounts in either or both of your my or my wife's name and a copy of all documents of any funds received on my son's behalf from the time he was incarcerated to the present. Issued by family court in Lexington to go to my son's ex wife's lawyer. May I just plead the 5th.

Submitted: 15 days and 7 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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State/Country relating to Question: South Carolina

Already Tried:
This is it.

Posted by Dimitry Alexander Kaplun 15 days and 7 hours ago.

Info Request

Why exactly is she requesting those documents?

15 days and 7 hours ago.

Reply

My son who is incarcerated has filed for a reduction in child support.

Posted by Dimitry Alexander Kaplun 15 days and 7 hours ago.

Info Request

I am not sure why she is requesting your documents. Were you handling his finances while he is incarcerated?

Edited by Dimitry Alexander Kaplun on 11/5/2009 at 9:02 PM

15 days and 7 hours ago.

Reply

Yes, my wife has power of attorney. They belive we are hiding money for him but there is nothing to hide. He gets some disability from the military (reduced to about $123 a month). This just covers his living expensis while incarcerated. I do not wish to turn over any documents of mine to this unscrupulous attorney.

Posted by Dimitry Alexander Kaplun 15 days and 7 hours ago.

Answer

You can file an answer requesting a judge to first review the subpoena and then allow it, but because your wife has POA, the wife does have a legitimate reason to review the tax records in the unlikely case of commingling of funds or hiding of assets.

You cannot take the 5th as it comes to production of documents; that is a right solely reserved for taking a privilege from self incrimination while on the stand, and does not pertain to documents. If you do not produce the documents, you can be charged with contempt of court, which can be a fine and at times a jail sentence.

I am sorry.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

15 days and 6 hours ago.

Reply

I do not mind providing my son's tax statements. I just do not want to give this attorney my bank statements ( a copy of all banking documents for all accounts in either or both of your names with any financial institution for the last year.

Accepted Answer

Then that is what you must respond with, as what the attorney is asking for may be out of scope from his needs. To do so, send an answer to the subpoena requesting that the judge review the subpoena and claim that your records, as someone who is not the POA or somehow involved in the finances of the child does not have to provide such records. You may have to provide the wife's documents, since she is the POA and may have the opportunity to place funds into the accounts.

I realize that this may not be the answer that you want to hear but it makes it no less valid.

Sincerely,

XXXXXXX XXXXXXXXX XXXXXX, Esq.

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Expert: Dimitry Alexander Kaplun
Pos. Feedback: 99.0 %
Accepts: 
Answered: 11/5/2009

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Licensed in PA & NJ, specialize in business/contract disputes, immigration, estate creation & admin

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