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Subpoena Duces Tecum question

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bls8195

Member
What is the name of your state (only U.S. law)? Texas

I recieved a subpoena to appear in court for a post judgement hearing, I am suspose to bring my tax returns for pas 3 years, and bank statements, for past 3 years, but doesnt say if this is for all my accounts or open accounts, or do I have to try to track down my accounts, I have had about 5 different accounts but closed them all back in Feb of this year to just 1.

Also can someone put a lein on a vehicle if it has a co-signer on it?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Texas

I recieved a subpoena to appear in court for a post judgement hearing, I am suspose to bring my tax returns for pas 3 years, and bank statements, for past 3 years, but doesnt say if this is for all my accounts or open accounts, or do I have to try to track down my accounts, I have had about 5 different accounts but closed them all back in Feb of this year to just 1.

Also can someone put a lein on a vehicle if it has a co-signer on it?
It doesn't say only for specific accounts - so yes, it means for ALL accounts.

As for the lien - of course they can.
 

bls8195

Member
Ok I guess I just don't get what closed bank accounts really mean or the point of them.

Also how can they put a lein on a vehicle thats also in someone else's name thats not involved?
 

Antigone*

Senior Member
Ok I guess I just don't get what closed bank accounts really mean or the point of them.

Also how can they put a lein on a vehicle thats also in someone else's name thats not involved?
The statements on closed bank accounts are useless.

If the vehicle is not in your name, the court cannot place a lien on said vehicle.
 

Ohiogal

Queen Bee
The statements on closed bank accounts are useless.

If the vehicle is not in your name, the court cannot place a lien on said vehicle.
No they aren't. The statements can be very useful. For instance, there was 50k in five accounts that are all closed now and the money was not deposited in to the still open account -- where did the money go? What was the expense? It doesn't even have to be that MUCH money but they can still be useful.
The court can place a lien on a vehicle that has a cosigner however.
 

Antigone*

Senior Member
No they aren't. The statements can be very useful. For instance, there was 50k in five accounts that are all closed now and the money was not deposited in to the still open account -- where did the money go? What was the expense? It doesn't even have to be that MUCH money but they can still be useful.
The court can place a lien on a vehicle that has a cosigner however.
You are right OG. I failed to see it that way.
 

bls8195

Member
I emailed the clerk of court to find out and I will call tomorrow, but what if the bank will not give me the statements b/c the accounts are closed and I owe the bank money in collections hence why they wont send them to me. Then what do I typcially do, I mean if I cannot get them then I cannot get them I understand to pay them the money I owe, but if I cannot afford it then what.
 

Zigner

Senior Member, Non-Attorney
I emailed the clerk of court to find out and I will call tomorrow, but what if the bank will not give me the statements b/c the accounts are closed and I owe the bank money in collections hence why they wont send them to me. Then what do I typcially do, I mean if I cannot get them then I cannot get them I understand to pay them the money I owe, but if I cannot afford it then what.
The clerk of the court is not allowed to provide legal advice.
 

LdiJ

Senior Member
I emailed the clerk of court to find out and I will call tomorrow, but what if the bank will not give me the statements b/c the accounts are closed and I owe the bank money in collections hence why they wont send them to me. Then what do I typcially do, I mean if I cannot get them then I cannot get them I understand to pay them the money I owe, but if I cannot afford it then what.
You take what you are able to take, and you explain to the court why you are unable to provide what you are unable to provide. You cannot do any more than that.
 

bls8195

Member
Ok well I know she wont be able to provide leagal advise, I just didnt know what they would do if I didnt show up with what they asked but I cannot, I dont know what more I can do. So what really does a discovery hearing intel? Just see how much money I have and make and what property I have to see what means I have to pay? Will I have to pay anything on the court date, or do I have time to appeal?
 

LdiJ

Senior Member
Ok well I know she wont be able to provide leagal advise, I just didnt know what they would do if I didnt show up with what they asked but I cannot, I dont know what more I can do. So what really does a discovery hearing intel? Just see how much money I have and make and what property I have to see what means I have to pay? Will I have to pay anything on the court date, or do I have time to appeal?
The purpose of this hearing is to find out what assets you have, how much money you make, and where they can garnish/levy to try to obtain their judgement. You won't have to pay anything on the court date.
 

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