Legal Question in Banking Law in Indiana
Where to subopena
I have a Judgment in my favor and now I need to find any individuals' bank account. I wanted to know if there is a central banking (State or Federal) clearing house or group I could submit a subopena. Or would you suggest another course of action?
1 Answer from Attorneys
Re: Where to subopena
There is no central data base where a judgement creditor can go to access confidential banking records-federal law prohibits such and info can only be released via a court order.
What is required and is customary for attys who specialize in collection of judgements is to intiate proceedings supplemental in the court where you obtained the judgement-they will order the debtor to appear and answer under oath what assets they have to satisfy your judgement, including where they bank-send in your subpoena then to the right bank and the account is automatically frozen by law until the next hearing when the court orders the bank to send you all the money.
Alternatively file your pro supp motion but serve subpoenas on all the local banks or the banks where the defendant lives or works-you might get lucky and hitone -it has worked for me in the past.
I advise hiring an atty who specializes in collections-they have ways to collect you could never learn or take years to learn-they do it for a contingent fee, which is negotiable
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