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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11798
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am trying to find an undisclosed bank account ex wife. We

Customer Question

I am trying to find an undisclosed bank account for my ex wife. We are headed back to court the end of July
JA: Has anything been filed in court yet?
Customer: Yes
JA: Have you talked to a lawyer yet?
Customer: I am thinking I need to subpoena her bank records, but if the undisclosed account is with another bank, I am not sure how to go about finding it. Yes, this is been ongoing for a while. I am now representing myself because I can no longer afford an attorney.
JA: What advice did they give you?
Customer: She said I can submit a subpoena for bank records, but after 7 years I no longer can afford my attorney
JA: Anything else you think the lawyer should know?
Customer: After ten months of discovery requests, my ex wife now says she cashed 6 years of rental income checks. I am almost positive there is another account which holds the rental income which is not being disclosed.
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 Family Lawyer about your situation and then connect you two.
Submitted: 1 year ago.
Category: Family Law
Expert:  FamilyAnswer replied 1 year ago.

Good morning. Has your ex been deposed? Has she ever been asked to disclose this, under oath and explain where the money is? I asked because she should be required to name and disclose this account and/or trace the source of funds

Customer: replied 1 year ago.
The deposition was just last month. She claimed she cashed all of the checks.
Customer: replied 1 year ago.
Can you tell from a cancelled check if it was deposited or cashed?
Expert:  FamilyAnswer replied 1 year ago.

If she deposed or was required to turn over banking information, during this process, then you can ask that she provide and then cross reference, the check with the account. Unless she went to the actual bank which the check was drawn on and walked in and cashed it, her bank records should show and reveal if this was deposited or cashed against her account, with a balance pending, until the check cleared.

Expert:  FamilyAnswer replied 1 year ago.

Hi, I just wanted to follow up and see if there is anything else I can answer or clarify.

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