What is the name of your state (only U.S. law)? North Carolina
- What kind of listed items are usually written in a subpoena and how should be the wording? I need to make sure is not blocked and get quashed. My lawyer told me the more information I ask, the less likely we would have compliance and chances of him quashing it.
- In this date and age of internet and technology, I highly doubt that he would not be able to obtain these records by printing it himself from his personal bank account online. But he submitted a financial affidavit that was fraudulent. What kind of measures to take with a person who is avoiding releasing any and all of his financial records for the court to decide his ability to pay and get this over and done with?
- Regarding the subpoena, so far my lawyer wrote:
"1. Verification of all pay vouchers, statements, W2's, 1099's, or any other kind of indication of income you have received from January 1, 2011 to present.
2. A copy of 2009 and 2010 Federal Income Tax Returns including W-2's and Schedules.
3. All checkbooks or check registers, deposit slips, monthly statements and cancelled checks for all checking accounts in your name individually, with another, as trustee or guardian, or in which you have interest (regardless of whether or not the account or accounts have been closed) from September 1, 2009 to present." - Under North Carolina law, attorneys licensed and admitted in this state are permitted to issue civil subpoenas.
- I asked paralegal about there's no request for documents from savings accounts, stock/portfolios, properties, and other assets. He said to make a list of things I "think" will help but not enough for him to quash it. Shouldn't they come up with this as they are knowledgeable of the case and I hired them to do their job?
- Also, lawyer is trying to get retroactive modified permanent alimony since opening the case, but the case has been continued so many times in 2 years, we never get to address the court, modify it from temporary to permanent and request an increase.
- I don't know if the language should include "financial institutions", as stipulated in the Right to Financial Privacy Act (12 U.S.C. 3401 et seq.) "office of a bank, savings bank, card issuer as defined in section 1602
of title 15, industrial loan company, trust company, savings association, building and loan, or homestead association (including cooperative banks), credit union, or consumer finance institution, located in any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, or the Virgin Islands".
- However, will it be too broad and he will have grounds to ask to for a block or file a motion to quash the subpoena?
- My ex has hidden assets, is investing very aggressively in the stock market and receiving high returns - he bragged about it with some of our peers; he even used our child as an agent to buy a real estate property to liquidate some of his assets.
- He called me threatening me that he will try to nullify the court order entered during the divorce proceedings 10 years ago. He claims that he thought he only had to pay alimony until our child became of age, and that he will do anything in his power I don't get one red cent of my entitlement of his military pension, by claiming VA disability for PTSD doing a pencil pushing job. Really messy, I know. Aren't they all?
- More so, he has been non-compliant with the court and his own lawyer, who in fact, filed a motion to fire him. It seems they must have kiss and made up because up to today, he still is being represented by his lawyer, but he keeps complaining to my lawyer that my ex doesn't return emails, comply with requested documents or don't pay on time - that he is completely a non-complying and unwilling client.
- Sorry for being so lengthily, but as you can see, the case is rather complex.
- Looking forward to hearing from any of you soon for sound advice.
