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What would convince a judge to "QUASH"?

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troubled11

Junior Member
What is the name of your state? NYS

A lawyer helped me to settle my father's estate then gave me a bill for more than half the estate. I've sued him but he won a judgement in a lower court where he admitted to having "alot of friends".

I work pro se. I have 'perfected' an appeal to a higher court and am waiting for a calendar date yet, my bank accounts have been frozen based on the lawyer's subpoena for bank records.

What can I say in my "Motion to Quash," which would convince a judge to quash?
 


las365

Senior Member
What can I say in my "Motion to Quash," which would convince a judge to quash?
You can prove the facts and cite the applicable law that says s/he should do so. All a Judge is supposed to do is determine the facts based on the evidence and apply the law to the facts.

If you are asking for specific laws to cite, maybe someone can help but I think you would have to be much more specific about the facts of your case.
 

troubled11

Junior Member
All ATM cards frozen

This lawyer has a judgement against me but I've perfected and appeal which a higher court accepted. I want to quash a subpoena directed to 3rd party banks to reveal all bank records of myself and my sons who are jointly on my accounts.

I am trying to quash in NYS based on these grounds;
- I have perfected an appeal which starts in just 2 months!!
-right to financial privacy
-improper purpose
-lack of notice to me
-overbroad- {isn't he allowed only 5 years of records?
-improper supoena {I'm pro se so an "attorney appeal" is not proper. The subpoena must be signed by a judge, magistrate or clerk???}
and
-other individuals.

Where can I find case law citations to list on my motion to quash??
 

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