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Subpoena

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lwhead

Junior Member
What is the name of your state (only U.S. law)? Georgia.
My partner and I are trying to get a home equity loan, however, he was sued by his mother back in 2002 and received a judgement, which we paid. We can get the loan if we get a letter of satisfaction that the judgement was paid. We have tried to get his mother to let the court know that the judgement was satisfied, but she refuses. The Magistrage court judge told us that the only option we had was to sue her for loss of loan. We went ahead and filed the lawsuit ($15,000). We don't want her money, just the truth that we paid her. We were only able to find receipts for $300. The other $200 was paid by money order to her. According to the cancelled checks that I got from our bank, I called her bank and they said that they do keep copies of checks and money orders that are deposited or cashed and that it would be possible to get copies. My question is, can we subpeona her for copies of her bank account during that period. If so, how. We really can't afford a lawyer, the reason that we are doing the equity loan is to consolidate our bills. She has already had the case postponed once and has hired a lawyer. What are our options? Thanks for any advise anyone can give.
 


seniorjudge

Senior Member
Yes, you can subpoena those records.

It will cost you a bundle.

You could also add a count to your lawsuit for a declaratory judgment that the thing is paid.

Of course, as you say, y'all don't have any proof.
 

lwhead

Junior Member
Subpeona

By a bundle, I'm assuming it would be more than we would want to pay. Regarding the "declaratory judgement" is that something we would add when we go to court, or is it something we could do now? Or, if we did go ahead with the subpeona, how would we do that?
 

seniorjudge

Senior Member
By a bundle, I'm assuming it would be more than we would want to pay. Regarding the "declaratory judgement" is that something we would add when we go to court, or is it something we could do now? Or, if we did go ahead with the subpeona, how would we do that?
Add it as a count to the current lawsuit.

You will need the court's permission.

You may ask the court clerk for a subpoena at any time.
 

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