Legal Question in Family Law in Florida

Subpoena Help

I live in FL and I recieved a letter from by bank saying they were subpoena'ed from my husbands exwife's atty in CA for my personal bank statements. She and my husband are still in family law court for property settlements.

1. I am not a party to the case

2. I was not even with my husband for some of the time period they are requesting

3. What about MY privacy?

I feel she is doing this as a form of harrasement.

My bank said they have to comply unless they receive an order from the court or a motion from my attorney. I do not have an atty

What can I do? I do not want to give this to her.


Asked on 12/05/07, 2:27 pm

3 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Subpoena Help

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

You can apply to the court for a protective order or to quash the subpoena. Without appearing in California before the court, I am not sure if it would be possible without the aid of an attorney. Since this involves a California case, you should probably pose this for California attorneys who may have some ideas how to help you there.

Scott R. Jay, Esq.

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Answered on 12/06/07, 12:23 am
Stanley Miller Stanley M. Miller, P.A.

Re: Subpoena Help

You can file a motion with the court that entered the subpoena to quash it. Otherwise, the bank has to comply.

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Answered on 12/05/07, 2:32 pm

Re: Subpoena Help

This is a subpeona for purposes of discovery to assist or aid in the determination of the property settlement out there. It is not meant to be an "invasion of privacy", but to that end, there must be some relevance or reason to seek out your bank records. I would get an attorney to look at it and follow his advice. If appropriate he can then file the motion to quash the bank's subpoena. Will the bank do it as a favor to its customer.

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Answered on 12/05/07, 3:39 pm


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