Legal Question in Civil Litigation in California
Notice to Consumer or Employee and Objection
Background:
I received a Notice to Consumer or Employee and Objection form? However, I am in no way related to the suit, meaning, I'm not the defendant.
They are asking me to release my bank account records, and sent the same supeona to my banks.
The thing is, the trial is already over, defendants lost, and they are trying to collect debt.
The defendents are my parents, but I am in no way related to this suit, can any one advise me on what to do?
I believe firmly that my financial records are private, and since I'm not a part of the suit, how can they come after me just because I'm a family member?
Any help would be appreciated.
1 Answer from Attorneys
Re: Notice to Consumer or Employee and Objection
Send in the Objection form immediately. The plaintiffs are trying to see if your parents transferred any of their money to you to hide it from the judgment creditor [plaintiffs]. The easiest way to handle it is to contact plaintiff's attorney and offer to voluntarily to show him the records. Otherwise, contact your bank and see what their position is, would they allow you to withdraw your funds and then you put it into another account [and do they know of any negative effect on you in doing that, since there is no judgment or court order against you or the account]. Get a Declaration from your parents, talking to their attorney first, that shows what assets they had just before the incident upon which the suit was filed occurred and what happened to those assets and any assets they received up to now, inclduing records showing that. This assumes your parents did not hide their assets and the other side will schedule a hearing to enforce the judgment by having an examination of debtor asset.
Your can fight because you are offended, or take a cheaper, faster why out. You might even be able to convince the plaintiff's attorney that you have nothing and no transfers were made so that he can go to his client and show them documents that your pareents did not hid anything with you. Their attorney might just be grasping at straws and assumes ther was no illegal transfer,