Please re-read the OP. The OP has already LOST his case. There is not litigation - there is a judgment.
Zigner, with due respect, there is nothing in the post to establish that the matter is concluded. Due process trumps the judgment and, in this post, possibly trumps it times two. If the OP was not properly served so as to give notice in NC, the NC judgment is subject to attack. In the instance of domestication, the defendant has the benefit of every procedural defense that might have existed in the originating state and every procedural defense that would exist in the sister-state. Put more simply: service doesn’t give notice in NC = basis for attack on NC judgment. Defective service of notice of domestication in FL = basis for attack in FL. The OP has the right to acquire any documents that arguably support his position, and the court record certainly meets that criterion.
Let’s assume that, contrary to the OP’s post, that service was good in both states. Even if the OP is wasting his time and even if there is a statutory bar limiting the time in which a motion could be brought in either state, it doesn’t stop him from trying and it’s not over until the fat lady (viz. bench officer) rules against him and appeals are exhausted.
That said, I naturally agree with TP. I didn’t care enough about the post to debate the issue of the fee agreement with you and add the comments that I did. It was the endorsement of that position that tripped my trigger. In Wirelessany1’s state, the OP would have 2 years from entry of a default judgment based on service that didn’t result in notice or 6 months from actual notice of said default judgment or such additional time as equity and good cause dictates. I’m not checking NC and FL.
And yes, there would be a charge for responding to the subpoena, and I knowledgably (and with just a little bit of experience) estimated the cost at about $25-35 tops. I also pointed out that the entitlement is conferred and capped by statute, as it is in every state of which I’m aware, regardless of whether the account agreement says it can be higher by ten-fold. If a bank can respond to a subpoena styled as I proposed and do it adequately and still make a profit, I’d like to know how they do it and also avoid minimum wage.
To Wirelessany1, you’ve has already taken your “levy fee”, so that’s not relevant to responding to a subpoena. However, if it was a wrongful levy, the judgment creditor reimburses the judgment debtor fees, costs and charges. Catch 22. Banks and insurance companies won’t hurt there. They’re like ants; they’ll survive the apocalypse.
Now I’m finished with this thread regardless. The only real reason for returning to it (since I don’t do “similies”), is that my personal opinion of a bank officer who would not give a customer a simple court name and case number (that was our starting point – remember?) without contemplating charges is a venal, blithering idiot (plus, the response will be different if the average balance is a hi-5 or a lo-3). Fortunately, I’ve yet to encounter one. The bankers I know are intelligent, service-sensitive people, but I wanted the OP to understand how to turn the tables and make it hurt, if it happened. He may not want to spend to do it. I would and try to figure out how to reduce the gene pool as well.