Legal

Ask a Lawyer and Get Answers to Your Legal Questions

Ask a Lawyer,
Get an Answer ASAP!

Legal
This answer was rated:

I am issueing a Subpeona Duce Tecum to the financial institution

of the defendent in a...
I am issueing a Subpeona Duce Tecum to the financial institution of the defendent in a small claims case in Oklahoma and I also need to by the financial privacy act notify the defendent of my request. Do I use a certificate of service to be delivered to the defendent? and if so do I serve the defendent first then wait 14 days and produce the subpeona with the certificate of service 14 days later to the bank?
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 hour by:
5/1/2009
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
Verified

Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify this point so I can best address your inquiry:

 

  1. I think I am understanding your plan correctly, but I just want to confirm one point. Have you already tried to compel the defendant (through Discovery) to produce a copy of the canceled check?

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thanks!

Ask Your Own Legal Question
Customer reply replied 8 years ago

The defendent did produce the copy of the front of the check on the first day of court. She explained to the judge that the bank could not locate the back of the check because of damaged microfish. The judge gave her 30 days to get the back of the check she claimed she paid me with. She then in 30 days produced to the court a back copy of a prior cancelled check that she had paid me with. The judge then re scheduled 30 days for me to prove it was a different check. I have that evidence that the back of the cancelled check she produced to the court was payment for a prior invoice. I also have evidence from my bank of all trasactions of biz done with her. I have collected copy of front and back of every cancelled check she has payed me with, along with the deposit slip the check was listed on and the original concurring bank statement with those deposits. This is important because they are all numbered by a bank clearing house.

 

The defendent has also produced a single page photo copy of her bank statement showing where the check in question has cleared her bank. This has been forged, but I can't prove it. If I accuse her of forgery the judge will throw me out. I will look bad for even making the accusation, but a fifth grader can tell it is a fake, because it has been photo copied so many times that the fine print is elligible.

 

The only other thing I could think of doing to disprove her is to subpeona a copy of the front and back of the check myself. On my subpeona duce tecum I reasonably request her bank to produce a microfish copy front and back of the check in question and nothing else. I figured she has produced a fake of it to the court anyway and she would not be able to quash my request.

 

 

Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed attorney, and I will be glad to try and answer your question. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information. Thank you for taking the time to write back and supply the additional requested information, which was helpful to my analysis of your inquiry. I am sorry for all you have been through, and I hope that everything gets resolved appropriately for you in this matter.
  2. That was an excellent explanation, and it all makes sense now. Wow -- you have been through the grind here! I commend you for trying to keep a good outlook, and based on the circumstances you are absolutely correct in going with a Subpoena Duce Tecum (SBT). It sounds like you already have a good working knowledge of procedure, so I apologize if some of this is review. I will try and answer each of your questions in the order posed and also give you some other relevant information
  3. Although it is a relaxed forum compared to a court of general jurisdiction, in Oklahoma the Judge is required by law to apply evidence rules even in small claims cases. Procedurally, the rules are more informal although these cases are still governed by certain rules of civil procedure. If you do not already have a copy, the applicable statutory provisions are found in the Civil Procedure Code, specifically Oklahoma Statutes Annotated §§ 12-131 through 12-141; 12-1751 through 12-1773. Answering your questions will take us back to Title 12 (Civil Procedure), as well. In particular, §12-2004 et seq. is instructive. Seeing you are in Stillwater, it would be a good idea to check with the Court Clerk and see if she can provide and standardized discovery forms (subpoena).
  4. "Do I use a certificate of service to be delivered to the defendent?" Essentially, although the procedure and terminology is a bit different. More is required that a general Certificate of Service usually attached to pleadings...i.e. "On such and such date I delivered to Defendant a true and correct copy of...". For a SDT, the process server will complete two items: (1) Proof of Service; and (2) Declaration of Server. These are from different types of cases, but they provide good examples for reference: SDT(1) and SDT(2).
  5. "and if so do I serve the defendent first then wait 14 days and produce the subpeona with the certificate of service 14 days later to the bank?" Since the bank is the custodian of records, you have authority to serve it directly without first serving the defendant. In other words, even as a non-party you can serve the bank -- this is often done, for example, in say injury litigation to obtain copies of medical records from physicians. It works the same way for business and financial records, as well. You will complete the Affidavit of Party Requesting Subpoena Duces Tecum. Once it is served, that puts the ball in the bank's court. It will have to produce the requested document (be sure to include a business records affidavit for their custodian of records to attach), or resist the subpoena. Frankly, I cannot imagine grounds for doing the latter in light of being served with a valid SDT.
  6. "I really need to know how to notify the defendent that I will obtain a copy of the cancelled check for the court?" No permission or formal notification is required. The defendant is already on notice for some time now, and all you need to do is serve her with a copy of the subpoena papers served on the bank.
  7. "and in what process I should do this?" This can be done with a certificate of service just like when you notice her on any other pleading or motion you might have filed in the case.
  8. "Notify the defendent then wait 14 days then serve the subpeona duce tecum to the bank?" I see no need for doing so. Just serve the SDT on the bank, notice the defendant, and if she wants to fight it out with the bank and try to get it not to release the document, that is between the two of them.

 

I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.

 

If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.

 

The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7,639
Experience: Relax. Let's work together. Practical solutions.
Verified
LawHelpNow and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 8 years ago

Thanks so much Ben!!!!! Sorry took awhile to reply, but you provided me with alot of great reading material. LOL...... This will be a big help and thanks again.

 

Tammie

Hello again,

 

You are quite welcome. It was entirely my pleasure to be of some help.

 

Many thanks for your "Accept" and especially your kind words. Both are greatly appreciated.

 

Take care and thanks again for using JustAnswer®.

Ask Your Own Legal Question
Ask LawHelpNow Your Own Question
LawHelpNow
LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7,639
7,639 Satisfied Customers
Experience: Relax. Let's work together. Practical solutions.

LawHelpNow is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
I am a Colorado corp. and would like to use small claims
I am a Colorado corp. and would like to use small claims court to set aside a contrac, is this available … read more
Ely
Ely
Counselor at Law
Juris Doctor
24,353 satisfied customers
My son is looking for a small claims attorney in the Omaha,
my son is looking for a small claims attorney in the Omaha, NE area. he had damage to his home, insurance paid to have it repaired but the roof continues to leak. he has made numerous attempts to cont… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
I filed a small claims against Verizon. Was awarded
I filed a small claims against Verizon. Was awarded $6500.00. However, Verizon filed a motion in district court (not small claims) for award to be vacated. Was granted.Even so, contact states both Ver… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I'm a plaintiff needing to immediately in small claims court
I'm a plaintiff needing to immediately in small claims court file a Motion to Strike a Motion to Quash/Dismiss. I have two concurrent small claims cases in two cities. The defendant submitted a Motion… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
What section of the California Rules of Civil Procedure
what section of the California Rules of Civil Procedure governs discovery response times/due dates? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
What is the highest limit in small claims court in nc.
what is the highest limit in small claims court in nc … read more
Lori
Lori
Juris Doctor
256 satisfied customers
I am contemplating a small claims action and this is my
I am contemplating a small claims action and this is my first. My wife and I purchased two cell phones and related agreements from Victra/Verizon and promises were made; etc. Part of their process is … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
What is the maximum dollar limit for Colorado small claims.
What is the maximum dollar limit for Colorado small claims … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
I'm taking Comcast to small claims court and am doing
Hello. I'm taking Comcast to small claims court and am doing research on how to address the claim … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Federal Rule of Civil Procedure, the Defendant has failed to
Federal Rule of Civil Procedure, the Defendant has failed to "plead or otherwise defend" pursuant to 55(a)(b)The Defendant has filed a motion for an extension on December 4th, The Federal judge did NO… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
Can a small claims suit be filed within California in the
Can a small claims suit be filed within California in the county where it was delivered vs. the county where the move originated? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,100 satisfied customers
What is Mississippi rule of civil procedure 12()(6) I did
what is Mississippi rule of civil procedure 12(b)(6) … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I had a small claims case. A witness was not sworn in by the
I had a small claims case. A witness was not sworn in by the judge before answering questions and told lies. Can I request a new hearing because she didn't take the oath first … read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
In reference to the Colorado rules of civil procedure 59 for
hello in reference to the Colorado rules of civil procedure 59 for a new trial how long does it usually take for the judge to respond and is there another motion i should file with the court if i don'… read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I was petition into court (housing) for forgery, and in
i was petition into court (housing) for forgery , and in court a long period of time , now the plantiff is singing a different tuneand saying im not the one , and the plantiff brought in a handwriting… read more
Bill Attorney
Bill Attorney
law
1,585 satisfied customers
1. Code of Civil Procedure-CCP 367 said every action must be
1. Code of Civil Procedure-CCP 367 said every action must be prosecuted in the name of the real party in interest, except as otherwise provided by statute. I would like to read the stipulations that c… read more
socrateaser
socrateaser
1,031 satisfied customers
I have a question about civil procedure. The case is civil
I have a question about civil procedure. The case is civil unlimited filed in Superior Court, California. I am aware that many cases get dismissed And requests get denied due to procedure issues. Is t… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
42,358 satisfied customers
If you have issued a subpoena as a pro se litigant are you
Hi there, if you have issued a subpoena as a pro se litigant are you required to notify the opposing party's counsel that you have issued a subpoena? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x