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Evidentiary Sanction

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A

akhilesh

Junior Member
What is the name of your state? CA

I have been going to the court for the last six months in order to get my ex-wife produce the financial documents. The compel and sanction motion filed by me was finally granted by the court. The court imposed an evidentiary sanction on her and granted me the compel motion. Now my question is what to do with these orders.

1. How can I get her financial records?
2. What happens if she does not produce the financial records even after the compel motion, how would I know how much money she is hiding. The banks she has accounts with is out-of-state and they do not honor California subpoenas.
3. How can I move to trial without the knowledge of how much property she is hiding.

I would really appreciate your help. Thank you.

Regards,
AJ
 


LdiJ

LdiJ

Senior Member
akhilesh said:
What is the name of your state? CA

I have been going to the court for the last six months in order to get my ex-wife produce the financial documents. The compel and sanction motion filed by me was finally granted by the court. The court imposed an evidentiary sanction on her and granted me the compel motion. Now my question is what to do with these orders.

1. How can I get her financial records?
2. What happens if she does not produce the financial records even after the compel motion, how would I know how much money she is hiding. The banks she has accounts with is out-of-state and they do not honor California subpoenas.
3. How can I move to trial without the knowledge of how much property she is hiding.

I would really appreciate your help. Thank you.

Regards,
AJ
Click to expand...
How long have you been married? Is there any chance that the out of state accounts are premarital property or property received thru an inheritance?
 
B

Bali Hai

Senior Member
LdiJ said:
How long have you been married? Is there any chance that the out of state accounts are premarital property or property received thru an inheritance?
Click to expand...
OP is obviously talking about marital property. Stop steering this in a direction to favor the wife. If she doesn't comply with the court order, she should be jailed until she does!!!
 
M

mistoffolees

Senior Member
LdiJ said:
How long have you been married? Is there any chance that the out of state accounts are premarital property or property received thru an inheritance?
Click to expand...
Actually, I don't think it matters. If he has a court order to produce the documents, he can legally enforce it. Apparently, the court felt he was entitled to the information and his stbx was unable to block it, so we can assume that he's entitled to the information. (I'm assuming that she's not appealing the ruling which would change things quite a bit).

To answer the original question, we had a similar situation. In our case (OK), my attorney mailed the court order to the financial institution in question. Procedures may be different in your state, but your attorney should know how to handle it. In my case, financial firms around the country honored our documents and sent the information.

If the bank refuses to honor CA orders (which sounds very, very odd to me), then you go back to court and tell the judge that she has refused to produce the information. The judge will then sanction her with fines or jail time until she provides the information. In general, ignoring a judge's compel order is a fairly serious matter and judges don't like it. Not only will she get herself in trouble on this matter, but she'll be on the judge's bad side in future matters. You've got a very strong hand, so don't mess it up by p***ing the judge off. Work through the system.

I would think that you would not be required to move forward until this issue is settled. I don't know for sure, but I would guess you could either hold off until you get the data. Alternatively, you could possibly get your decree covering all known assets plus wording that you get 50% of any money in those accounts plus your legal fees for collecting. That way you could get your divorce settled and move on with your life and still have a chance to collect the money.

Personally, I doubt if it will get there. Send her a registered letter telling her that if you do not have the documents the court ordered within 15 days, you're going to go back to have her held in contempt of court which could result in fines or jail time.
 
LdiJ

LdiJ

Senior Member
mistoffolees said:
Actually, I don't think it matters. If he has a court order to produce the documents, he can legally enforce it. Apparently, the court felt he was entitled to the information and his stbx was unable to block it, so we can assume that he's entitled to the information. (I'm assuming that she's not appealing the ruling which would change things quite a bit).

To answer the original question, we had a similar situation. In our case (OK), my attorney mailed the court order to the financial institution in question. Procedures may be different in your state, but your attorney should know how to handle it. In my case, financial firms around the country honored our documents and sent the information.

If the bank refuses to honor CA orders (which sounds very, very odd to me), then you go back to court and tell the judge that she has refused to produce the information. The judge will then sanction her with fines or jail time until she provides the information. In general, ignoring a judge's compel order is a fairly serious matter and judges don't like it. Not only will she get herself in trouble on this matter, but she'll be on the judge's bad side in future matters. You've got a very strong hand, so don't mess it up by p***ing the judge off. Work through the system.

I would think that you would not be required to move forward until this issue is settled. I don't know for sure, but I would guess you could either hold off until you get the data. Alternatively, you could possibly get your decree covering all known assets plus wording that you get 50% of any money in those accounts plus your legal fees for collecting. That way you could get your divorce settled and move on with your life and still have a chance to collect the money.

Personally, I doubt if it will get there. Send her a registered letter telling her that if you do not have the documents the court ordered within 15 days, you're going to go back to have her held in contempt of court which could result in fines or jail time.
Click to expand...
I realize that she has to produce them no matter what. I simply wanted a little more information before I answered his question.
 
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