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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 19134
Experience:  B.A.; M.B.A.; J.D.
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I was ordered to turn over the last 5 years of written

Customer Question

I was ordered to turn over the last 5 years of written checks for my business which is a corporation and personally which includes checks my wife wrote. This is for a child custody case. Is a judge ordering someone to turn that over normal. I turned over everything I could but my bank does not have 5 years of written checks and I own a medical practice which writes checks to patients if they over pay on there deductible. I would be violating federal hippa laws by releasing patients names again for a child custody case. If the patient is a minor there name is ***** ***** bottom of the check. I am going to court tomorrow because they filed a motion to compel. The other side has got my medical records without getting a release from me I have turned in phone records, bank statements, my corporate taxes and personal taxes, w2 you name it. On her deposition questions she wrote not relevant on every answer. The judge did not even make her answer the basic ones but I am going to court because the judge wants me to turn over 5 years of written checks. Child support is not an issue I pay the max and my son is in high school. I don't know what to do tomorrow. My bank does not have it. I know I can tell him that but this case has not gone that way. Since I did not turn just that in will I get held in contempt? On her answer for the 5 years she put not readily available and the judge said that was fine. I said that he he filed an order for me to do it anyway. Literally on the same day. He can reordered no bank has 5 years of checks and I will loss my business and license if I do what he orders.
Submitted: 8 months ago.
Category: Legal
Expert:  Phillips Esq. replied 8 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 8 months ago.

I am sorry to read about your difficulties.

You need to tell the Court why you must not be held in contempt: you have turned over all requested documents in your possession. Your bank does not have records going back five years. Other records not released implicate HIPAA. You cannot release information about your patients without their written consent.

Also, I am not sure why you are being asked to produce the financial records if child support is not at issue.

Just stress that you have produced all records in your possession, which would not be in violation of HIPAA if released without proper consent from the patients.

Goodluck with your case,