Legal Question in Family Law in Massachusetts
Request for bank statements
Oct 2008 the ex was found $15,000 in default on medical/college/etc which he was to pay me monthly over 63 months -- made only 3 pmts -- we are going back to court in July on this & I want to know seeing I represent myself can I send a registered letter to his atty requesting bank staements from company he started in 2007 I found company & confronted in Court with proof & he told court was no longer in business made nothing actual cost him money & court accepted. He filed bankruptcy last month & both ex & his lawyer tried to get me to not stay for hearing, I pulled bankruptcy file & he never mentioned company or weekly auto allowance - that's why they didn't want me there -- I want to request all (start to finish or current) of bank statements for this company (ex agreed earlier but after his girlfriend & our daughter exchanged words he won't give to me saying 50% girlfriend & I'll either have to ask her or subpeona). I also anticipate lawyer saying not dan's lawyer anymore then can/do I send request to ex? Do I tell them to bring to July court date or can I request to see prior. Ex is not working & I believe all ploy to not pay me $15,000 he owes or to stretch out for years -- this has affected my credit scores
2 Answers from Attorneys
Re: Request for bank statements
you need to do a Request for Production of Documents, in which you are requesting specific documentation such as the bank records, company records etc.
Re: Request for bank statements
You need to subpoena the bank statements, either from your ex or his bank. the bank will be a pain about this. If you know who his bookkeeper/CPA is, you can also subpoena him/her.