Bank account subpoena in Sacramento family law case?

by | Nov 27, 2013 | Firm News |

Both parties to a Sacramento family law case have duties to disclose their financial records when there are financial issues involved (e.g. divorce, paternity and child support action, spousal support modification, etc).  One form of financial discovery in Sacramento family law cases is subpoenaing a party’s bank records.  The purpose of a subpoena is to order a third party, such as a financial institution, to surrender copies of records from a specified date range.  Unless there is an objection, the financial institution must tender copies of the requested records within a certain timeframe.  The subpoenaing party will typically do this when there is a lack of trust over the financial records already disclosed and/or when there have been no financial records disclosed. 

If you are involved in a Sacramento family law case and your bank notifies you that your account records are being subpoenaed, you should speak to a family law attorney right away.  You may have the option to oppose the subpoena due to issues of harassment, undue cost and expense, or even lack of relevance to the Sacramento family law matters.  However, if you delay beyond the date permitted for objection, you will likely waive your right to contest the subpoena and it will proceed.

If you are involved in a Sacramento family law case and there are subpoenas involved, please give us a call.  We can advise you concerning financial discovery and how to submit as well as oppose subpoenas.  Please contact us today for a free half hour consultation.