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Infolawyer, Attorney
Category: Business Law
Satisfied Customers: 57697
Experience:  Experienced lawyer
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if someone has a default judgement against me, can they obtain

Resolved Question:

if someone has a default judgement against me, can they obtain past bank statements from a bank that i no longer have an account with, (account closed), and can that bank simply inform them that i do not have an account with them
Submitted: 8 years ago.
Category: Business Law
Expert:  Infolawyer replied 8 years ago.
The answer is yes to both questions. The judgment creditor can seek out such information by subpoena and questionnaire. The bank will advise no account is open at this time.    If the judgment is on default, you can have it vacated on application to the court on the basis of lack of notice and any defense you may have.
Customer: replied 8 years ago.
i am not clear about your answer. let me rephrase the question. if the creditor contacts the bank, can the bank simply inform them that i do not have an account with them and therefore, can the bank refuse to gove them any info.? also, i do not understand the last part of your answer about having the default judgement vacated. could you explain
Expert:  Infolawyer replied 8 years ago.
If contacted by phone or letter, the bank should not respond. If contacted by subpoena, the bank would respond in an affidavit or letter to the lawyer advising you no longer have an account. Often it will disclose when the account was closed, especially if asked.

You mentioned the judgment is on default. This means there was no trial. You didnt appear and the plaintiff won in your absence.

Courts dont like to maintain judgments without giving the defendant a chance to defend. So if you or your lawyer ask the court to vacate the judgment and have a trial on the case, it likely will grant it which will also stop enforcement efforts since there wont be a judgment anymore.
Customer: replied 8 years ago.

if the bank is subpoened, do they have to provide to the creditor anything more than the fact that i do not have an account with them and when it was closed, such as past statements. also, on the default, i did have legal counsel and was defaulted as a sanction because i did not provide complete, detailed answers to the interogatories. i have a new attorney and he has not mentioned anything about your suggestion to vacate the judgement. how can i know if it is possible to do this.

Expert:  Infolawyer replied 8 years ago.
They have to respond to the questions posed in the subpoena. Usually they are asked for any information they have concerning your assets including place of employment, account balance and information, safe deposit box.

Based on what you mentioned since you had counsel, I dont think vacating the judgment is likely.
Customer: replied 8 years ago.

if the subpoena specifically asks for statements, does the bank have to provide them, and is that bank required to inform me of the subpoena before they provide the creditor with the info./statements


is there anything i can do to stop the subpoena, or at lease, limit or prevent the bank from releasing the statements

Expert:  Infolawyer replied 8 years ago.
They do need to provide them and dont need to provide it to you as well. You can stop the bank from providing this information but if you dont have an account open with them, it should not be a concern.    
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