Legal Question in Civil Litigation in California

Can I get bank records on an person who is not directly suing me?

Party A is suing me for default of a $65,000 personal note, I am disputing her authority as holder of said note. (Party B had signed over to Party A 100% interest of my note based on forged papers)

In the Interrogatories, Party A wants me to explain how & what reasons I had for signing said note with Party B (my lien holder).

My question: Can I request bank and IRA records of Party B (directly from her bank)? I now suspect embezzlement of Clients trusts when she loaned me the money.

It will help to establish if Party B did or did not, at the time, have her own money to loan me.

If I request copies directly from Party B she will refuse to comply and cause unnecessary delay.

I am going through Legal aid and representing myself. Legal aid is helping me with the general paperwork but not doing much when I ask specifics.

I am unemployed and this is not a money making case for an attorney(whom I can not afford).


Asked on 5/12/09, 2:09 pm

2 Answers from Attorneys
Adam Telanoff Telanoff & Telanoff

Re: Can I get bank records on an person who is not directly suing me?

It is possible to subpoena bank records.

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Answered on 5/12/09, 2:29 pm
Bryan C. Becker Your Lawyer for Life.

Re: Can I get bank records on an person who is not directly suing me?

This is information that would be generally available to you through the discovery procedures of litigation. If you need further help, a lot of times great information is available from your local law library.

Sometimes an attorney may be more affordable than you think, it may be worth it in the long run.

Yours truly,

Bryan

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Answered on 5/12/09, 8:30 pm


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