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.
3 Answers from Attorneys
Re: Subpoena Help
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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.
Re: Subpoena Help
You can file a motion with the court that entered the subpoena to quash it. Otherwise, the bank has to comply.
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.