Legal Question in Family Law in Pennsylvania
subpoena issued by my estranged husband for mortgage interest info
I received a subpoena through regular mail only,no ''return receipt requested'' from my estranged husband(he did this on his own-no lawyer was involved) demanding that I produce the mortgage interest & tax info for 2002 & 2003 for the house we still own together. I alone have made every payment since May 2002 when he was evicted from our home with a proctection from abuse order. There is no court order giving him the right to this info. Must I respond and/or produce this document? Can/must I file a petition to quash this subpoena in order to avoid providing him with this info?
1 Answer from Attorneys
Re: subpoena issued by my estranged husband for mortgage interest info
Subpoenas are served in connection with a court action, to compel attendance and production of documents at a specific time for a hearing or during discovery, which is the preliminary phase of a court action during which information is gathered. A court order is generally not required for the issuance of a subpoena provided that subpoena power is authorized within the rules governing the underlying lawsuit. The proper service of the subpoena is dictated by the rules of court pertaining to the action to which it relates. Without knowing the particulars of your case, it is not possible to evaluate whether the subpoena you received was proper. Because time is of the essence you should make an appointment with a lawyer right away to receive information specific to your case.
I wish you the best.
Ilene Young
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