Legal Question in Credit and Debt Law in California
Non Party Production of Records
I am not a party of the suit. I am not a judgment Debtor. I am a Non-Party. My family member is the judgment debtor, and creditors are wrongfully going after MY assets purely because I'm family
I was notified by Judgment Creditors, by way of ''Notice to Consumer or Employee and
Objection'' form SUBP-025, that my records are being sought by a ''Subpoena
for Personal Appearance and Production of Documents and Things'' form
SUBP-002, served to my various Financial Institutions. The problem is, i
have nothing to do with the suit, and is a Non-Party, and therefore have
nothing to do with the Judgment. i returned form SUBP-025 with an
''Objection by Non-Party to Production of Records''. However, Creditor filed a
''Motion to Compel'' with the Court and is waiting for a Response or
Opposition. The question is: Can I file a response or opposition, or
does the financial institutions have to file a response or opposition? I wasn't subpoenaed to produce records, but the institutions were. But since
I can file an Objection to Production of Records on the ''Notice to
Consumer or Employee'' form SUBP-025 (which I did), CAN I ALSO FILE AN
OPPOSITION TO THE ''MOTION TO COMPEL''? Or is this left to the financial
institutions to file?
2 Answers from Attorneys
Re: Non Party Production of Records
You will need to file; but first, write to the attorney who is doing the record production and ask him to withdraw the subpoena.
Re: Non Party Production of Records
You can and should file an opposition to the motion to compel. If the judgment creditor is your spouse, they can take assets in your name alone, because under California Community Property law, your property is your husband's property, and visa versa. There are a few legal ways around this law. Some of these ways include:
1. Either you or your husband or both of you file bankruptcy.
2. Divorce or legal separation
3. A transmutation agreement (kind of like a pre-nup after the fact of marriage).
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