Legal Question in Business Law in California
Does a SUBP-010 have to be filed separately from the lawsuit initial paperwork? I recieved notice from my bank that one was sent to them, but i the consumer was never served these papers with the initial lawsuit (buisness civil suit) or separately, can they subponea my bank without notifying me the consumer first?
2 Answers from Attorneys
The procedure being followed seems to be correct, to a point. The SUBP-010 form is a Judicial Council deposition subpoena for business records, requiring the subpoenaed party to produce the specified records for inspection and copying. Such subpoenas are usually served well after the summons and complaint are served on the defendants. The Code of Civil Procedure requires that whenever there is a subpoena for the personal records of a consumer (such as his or her bank statements), the subpoenaing party must serve the subpoena-related documents on the consumer and notify the subpoenaed part that this has been done. The purpose is to let the consumer know that his/her records have been demanded to be produced in the lawsuit, and to allow time for objection, if there is a valid basis based on privacy, etc. The procedureal protections for subpoena of consumer records are spelled out in Code of Civil Procedure section 1985.3, which you may want to look up.
In any case, the specific answer to your specific question is NO. However, do keep in mind that the word "filed" does not at all mean the same thing as the word "served." You should be served with the subpoena and supporting papers per Code of Civil Procedure section 1985.3, subpart (b), before the subpoenaed documents are due to be delivered.
You should have been served with a notice to consumer and a copy of the subpoena that was issued, first.
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