Mar 5 2019

How to Subpoena Bank Records: 12 Steps (with Pictures)

#bank #accts


How to Subpoena Bank Records

When you are involved in a lawsuit, you may wish to review the bank records of a party or person. You can obtain these records by preparing and serving a subpoena. [1] You will only need to subpoena bank records if the bank is not a party to the lawsuit. If the bank is a part of the lawsuit, these documents will be produced during discovery. If you need to subpoena bank records, you should consider hiring an attorney to assist you. You will work with the court where your case is pending to get the proper form, issue the subpoena, and obtain the records.

Steps Edit

Part One of Three:
Preparing the Subpoena Edit

Obtain the proper subpoena form. A subpoena for records is called a subpoena duces tecum or a subpoena to produce documents. [2] While the words “duces tecum” are often used in state court to tell someone the subpoena is for records, it is not always used. In federal court, it is simply called a subpoena to produce documents. [3] Call or visit the court where your case is pending and ask for a subpoena form. You can also visit you’re the court’s website to see if the form is there.

  • If your case is in Federal Court, you can find the subpoena form at the Federal Court website .
  • If your case is in state court be aware that, in some states, there are different subpoena forms for subpoenaing records or subpoenaing a person to appear. [4] Make sure the form you get is the form for subpoenaing documents (not people). [5] [6]
    • Also be aware that in some states you will use a subpoena for business records form. For example, in California, if you want to subpoena bank records, you will have to fill out a form for the production of business records. [7]
  • There may be different forms for different types of cases in your state. For example, your case could be a civil, criminal or family court matter. Take care to get the proper subpoena for the type of case you have.
  • There are different types of courts. For example, there are circuit courts (federal and state), family courts, civil courts and chancery courts in some states, that may have different forms. [8]. [9] Make sure you go to the court where your case is pending to obtain the form.

Fill in the subpoena form. The form includes blanks and clear instructions for completing it. Take care to follow the instructions and complete the form. The information you need to input on the form includes:

  • Legal name of your court case and the case number [10]
  • Name and address of the bank or corporation you want to serve with the subpoena [11] It could be the opposing party or a third-party bank. You should serve the person at the bank who oversees the department that has the documents you need. [12] If you do not already have the person’s name, you will need to do some research to identify who that person is. Alternatively, you can serve the registered agent of service for the bank, if you cannot find a person to subpoena. [13]
  • Name and address of the court where the documents should be sent [14] Since the court is issuing the subpoena, the records will be returned to the court. [15]
  • Date and time the records should be sent by – keep in mind the date typically cannot be sooner than 14 business days after the service date [16]
  • Specify the records you want produced [17] Typically, these types of documents are requested from banks: bank statements, deposit tickets, signature cards, cancelled checks, loan documents, mortgage documents, investment documents and correspondence.
    • It is extremely important that you describe the documents with enough specificity for the bank to produce them. If the bank does not know what to look for they will not give you any documents. For example, if you are looking for a bank statement, describe the statement using the person’s name, bank account number, and routing number.
  • Your name as the requesting party.

Visit the court where your case is pending and get your subpoena signed. [18] The clerk of courts or deputy clerk of court generally signs subpoenas. Present your completed form to the clerk and request his or her signature.

  • In some states, the clerk of courts doe not need to sign off on the subpoena at all. [19]

Written by CAR

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