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Delta-Lawyer
Delta-Lawyer, Attorney
Category: Legal
Satisfied Customers: 3546
Experience:  10 years practicing IP law and general litigation
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I'm in California. I recently received a notice from

Customer Question

Hello - I'm in California.
I recently received a notice from a JDB (Junk Debt Buyer) they plan to subpoena our business bank for bank records for a Default Judgement
Questions:
1. What are my options and legal standing for quashing this subpoena?
2. Can I compel/instruct the bank NOT to release any bank records?
Background:
This is a 8-9yr old Default Judgement (I recently learned about this DJ and am planning to challenge/submit a motion to vacate due to lack of proper service).
This debt seems to be from a totally different business - that was dissolved about 7-8 years ago.
The bank and bank records they are attempting to subpoena are not related or associated in any way with the business the debt was associated with.
Submitted: 2 years ago.
Category: Legal
Expert:  Delta-Lawyer replied 2 years ago.
I hope this message finds you well, present circumstances excluded. I am a licensed attorney with over a decade litigation experience.
I will answer your questions in the order in which they appear:
1. Filing a motion to quash as you sit here today will likely only serve to temporarily delay the issuance and the execution of the subpoena, as you sit here today. For the motion to have any real affect, you are going to need to first file a motion relative to the default judgment to re-open that case. Once that happens, you can then file a motion to quash which should be able to at least stay the proceedings until your challenge to the default judgment can be heard and ruled upon.
2. If you go ahead and file a challenge to the default judgment (which could be in the form of a Motion to Set Aside), you can submit a certified copy of that motion to the bank and instruct them not to answer the subpoena until you Motion has been ruled upon and a certified order has been received by them.
In short, the whole methodology surrounding this issue depends on you immediately filing a Motion to Set Aside relative to the default judgment order. Once that is done, you have more legal maneuverability.
You need to understand though that a motion to set aside a judgment that old rarely prevails. However, that is your only legal option at the moment.
Let me know if you have any other questions or comments.
Best wishes going forward!
Customer: replied 2 years ago.

Thanks for the explanation and overall strategy to respond.

While I understand your initial advice to move to have the Judgement Vacated (we are proceeding with this action).

My main issue with this subpoena - is that it does not have standing for any accounts related to the current bank receiving the subpoena -- this is a TOTALLY different company (LLC) - the account is NOT in my name (although I'm one of several signers).

So it would seem the JDB simply does not have standing to subpoena any bank records related to the original Default Judgement due to the following reasons:

1. The account associated with bank receiving the subpoena have nothing to do with the original debt

2. The issue of privacy with regards ***** ***** bank records and the current Business Owners (LLC) account with the bank receiving the subpoena

3. Since the bank account is NOT in my name or the business name listed in the Default Judgement - the JDB should not be allowed to gain access to ANY of these bank records.

Your thoughts please.

Expert:  Delta-Lawyer replied 2 years ago.
I think that is not a bad strategy to have the subpoena quashed separate and apart from the motion to set aside. I think the issue that you are going to face may be if there is any commonality of personhood between the bank accounts being subpoenaed and the old business that generated the default judgment. That will be the hook that could overcome your motion. My concern also is that if you don't prevail on the motion to quash, then you will likely be ordered by the court to assist in providing the information requested or face contempt of court. Those issues would not be immediately present if you go ahead and file a motion to set aside.
So, if you cannot immediately file a motion to set aside, then you have about the best alternative argument possible under the circumstances to quash the subpoena. I would not be doing my job if I did not warn you of some of the consequences of only taking that approach in the present time though (understanding that you will eventually file a motion to set aside).
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I want you to be as comfortable as possible as you move forward.