Legal Action to acquire Bank Records

[TexasOilMan55]

I signed an Independent Contractor Agreement that states my Broker doesn't have to pay me until the Client pays them. I believe my Broker has indeed received the invoice payments from the Client, but is choosing to withhold the payments from me for whatever reason.

Is it possible to get a court order to acquire the Broker and/or the Client's bank statement history?

 

[Just Blue]

I signed an Independent Contractor Agreement that states my Broker doesn't have to pay me until the Client pays them. I believe my Broker has indeed received the invoice payments from the Client, but is choosing to withhold the payments from me for whatever reason.

Is it possible to get a court order to acquire the Broker and/or the Client's bank statement history?

US Law Only... Please name your state.

 

[LdiJ]

I signed an Independent Contractor Agreement that states my Broker doesn't have to pay me until the Client pays them. I believe my Broker has indeed received the invoice payments from the Client, but is choosing to withhold the payments from me for whatever reason.

Is it possible to get a court order to acquire the Broker and/or the Client's bank statement history?

It would be easier to subpoena the payment history from the client.

 

[justalayman]

It would be easier to subpoena the payment history from the client.

How is that easier?

 

[LdiJ]

How is that easier?

Instead of having to subpoena months worth of banking records, hoping that the deposits will be identified by payee, and having the "employer" fight it tooth and nail because they don't want their contractor seeing their entire financial information, one can simply subpoena the client to provide the payment history for ONE vender, which they likely would comply with, without any argument.

Business owners get requests to provide payment histories for single vendors far more frequently than you might imagine...for all kinds of reasons. Nobody I know (including myself) ever argued about complying with such a subpoena. One subpoena is incredibly invasive, the other isn't really invasive at all.

 

[justalayman]

so, what is the basis of the suit the OP is going to file so he has the power of subpoena against a third party that has no involvement in the OP's and his brokers relationship?

 

[LdiJ]

so, what is the basis of the suit the OP is going to file so he has the power of subpoena against a third party that has no involvement in the OP's and his brokers relationship?

Huh? He is going to be filing suit against the "employer" for non payment. You know as well as I do that subpoenas to third parties in civil suits is not uncommon or unusual. Subpoenaing the client for the payment history is absolutely no different than subpoenaing the bank for the banking records. The bank has no more "involvement" than the client. The bank is no less a third party than the client.

 

[justalayman]

The clients records are confidential and privileged. The proper action is to subpoena the brokers records. They are not the banks records per se but the brokers records of their accounts

 

[LdiJ]

The clients records are confidential and privileged. The proper action is to subpoena the brokers records. They are not the banks records per se but the brokers records of their accounts

And the broker could easily provide records that show no payment, even if they have actually received payment. Seriously, what I am talking about is not the least bit unusual. In the 15 years that I was CFO for a small local corporation I bet I did that at least three or four times a year for various vendor accounts.

 

[justalayman]

you go ahead and provide the info. I can assure you they wouldn't get anything from me if I was the third party in this situation.


And given your argument the broker could easily show no payment recieved, given the broker and the client have a business relationship it is just as easy for that hiding of facts to be carried on by the client as well.

 

[LdiJ]

you go ahead and provide the info. I can assure you they wouldn't get anything from me if I was the third party in this situation.


And given your argument the broker could easily show no payment recieved, given the broker and the client have a business relationship it is just as easy for that hiding of facts to be carried on by the client as well.

Well...I would certainly be surprised if a client would lie or fabricate documents in order to help out a vendor.