Legal Question in Credit and Debt Law in Virginia

subpoena duces tecum

I have been served with a subpoena duces tecum requesting documents including current passport, inventories of jewelry, clothing, and other personal possessions, airplane tickets,

airline frequent flyer or hotel frequent guest program on top of the expected federal, state and income tax returns, loan applications, evidence of debts and property owned, bank and credit account statements, 1099s and W-2's, insurance policies, etc. for the last three years.

Is this standard? Aren't the requests for current passport, inventories of jewelry, clothing, and other personal possessions, airplane tickets, offensively intrusive and in violation of the Virginia

Code? What must I do about it. What will happen if I ignore the subpoena?


Asked on 7/21/00, 9:22 am

2 Answers from Attorneys

Daniel Hawes Hawes & Associates

Re: subpoena duces tecum

You didn't say what kind of case it is. If it's one person suing another, both unrelated to you, then, yes, it's probably intrusive and you should move to quash (not "squash") the subpoena promptly. If you're the defendant, particularly if there's already a judgment against you, then you could be liable for further sanctions even for moving to quash, for filing a frivilous motion. If there's a judgment against you, almost everything you own is subject to seizure and sale by legal process. If you ignore the subpoena, you're ignoring a judge's order that you appear and produce the stuff. The judge won't like that, and may order you jailed, fined, or both, for contempt of court. Note that if the subpoena was issued by an attorney or clerk of court, they're acting in an official capacity as officer of the court, with the same legal effect as if the judge had issued the subpoena.

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Answered on 9/13/00, 8:40 am
Daniel Press Chung & Press, P.C.

Re: subpoena duces tecum

Do not ignore the subpoena. If you find it intrusive, move to quash it. It sounds like this is for the purpose of executing on a judgment against you, in which case it would seem that what is being requested is well within the range of reasonable. These are all assets that can be executed upon.

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Answered on 9/12/00, 5:34 pm


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