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My boyfriend received a court-ordered payment from his

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Hi! My boyfriend received...

Hi! My boyfriend received a court-ordered payment from his ex-wife for about $5,000. Because he has borrowed a significant amount of money from me for legal expenses, he signed the check over to me and I deposited it in my own credit union account. Now, his ex-wife has issued a subpoena (she is in pro per) for MY bank records (as well as his) at my credit union. I am not a party to the case. Can she do this? Am I obligated to comply? And can he therefore subpoena her boyfriend's financial records, as he told us once he pays her a monthly check (they live together.) Thanks for your help!

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the subpoena was issued in?

California

Lawyer's Assistant: Has anything been filed or reported?

I'm not sure what you mean. Filed or reported by whom?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

There's an upcoming court hearing in which my BF is asking for medical and child care reimbursement, as well as reallocation of some other expenses.

Submitted: 4 months ago.Category: Legal
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Answered in 5 minutes by:
3/9/2018
Lawyer: Bruce Schreiber, Lawyer replied 4 months ago
Bruce Schreiber
Category: Legal
Satisfied Customers: 793
Experience: Attorney At Law at SELF
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Welcome & thank you for your question. I am the professional that will be assisting you. I am reviewing your question & will be with you shortly.

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Lawyer: Bruce Schreiber, Lawyer replied 4 months ago

Please clarify. Has she issued the subpoena to you, or to the Credit Union?

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Customer reply replied 4 months ago
To the credit union.
Lawyer: Bruce Schreiber, Lawyer replied 4 months ago

Generally speaking, a subpoena maybe issued to any person or entity for the production or testimony of any information that is relevant to the proceeding. It is now the obligation of the credit union to determine if they will comply or if they will object to the subpoena.

As the person who's records are at issue, you have the right to obtain legal counsel and seek to quash the subpoena as well.

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Customer reply replied 4 months ago
Do I have grounds to quash the subpoena?
Customer reply replied 4 months ago
How are my bank records relevant? If she can argue that her ex's partner's bank records are relevant, can't my BF argue the same for his ex's boyfriend? Can people just randomly supbpoena records from any entity they think might be relevant to their case?!
Lawyer: Bruce Schreiber, Lawyer replied 4 months ago

Since the upcoming hearing involves the relative financial conditions of the parties, it is clear that she is seeking to show that he is "hiding" money by giving funds to you. If you move to quash, she will have to make an showing to the Court how and why the information is relevant.

Indeed, you BF can make the same argument and issue the same type of subpoena to her partner.

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Lawyer: Bruce Schreiber, Lawyer replied 4 months ago

A privacy argument can also be made, but it is not as strong as lack of relevance.

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Lawyer: Bruce Schreiber, Lawyer replied 4 months ago

If you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it. The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

Thank you for using JA! We appreciate your business.

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Lawyer: Bruce Schreiber, Lawyer replied 4 months ago

f you would be kind enough to rate my service positively so I will receive credit for my work I would appreciate it.

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