Can I quash a Civil Subpoena(Duces Tecum)?

[Zigner]

Only because it's really bugging me. The word you are looking for is boarder. A boarding situation can be either arms-length or not arms-length. It would depend on the specifics of the situation.

You stated that a boarding situation, by definition was one or the other. You weren't able to figure out which, I guess, but that is moot because the statement is false.

 

[tranquility]

I edited it before your post, it said "non-arms-length" where it should have said "arms-length" Which was incorrect.

She isn't a toddler and wasn't really screaming but her dinner is still sitting on her plate, so I'm not preparing a bowl of ice cream...

Try again.

But, since we have gone far afield of the actual question, I'll stop with a wonderful blog on the question being discussed now.

http://www.thurmanarnold.com/Blog2/2010/September/My-Wife-is-Living-With-a-Male-Renter-Does-This-A.aspx

 

[nanu156]

Only because it's really bugging me. The word you are looking for is boarder. A boarding situation can be either arms-length or not arms-length. It would depend on the specifics of the situation.

You stated that a boarding situation, by definition was one or the other. You weren't able to figure out which, I guess, but that is moot because the statement is false.

From a mortgage underwriting standpoint is is always ARMS LENGTH, from those standards they parties are always treated as they know one another. I am completely able to discern the difference between the two, it was a typo.

Which statement is false? that she pays rent, the rent is claimed as income so it is a boarder situation? Or that she is actually cohabitation and not a "roommate" as she is claiming?

you are correct that i used the incorrect form of the word border. I didn't mean to imply that it was a dividing line between geographic locations or political boundaries. I'm not retarded but yes I make typing mistakes frequently. I'm sure if you read previous posts for grammatical accuracy you would find them there as well.

 

[LdiJ]

But you are wrong.

Actually he is not really wrong at all. His tax return is a private document that no one can obtain, in any way, shape or form unless they are the IRS or they get it from him. I sure as heck would not provide my tax return to anyone in a case where I was not a party, and merely a witness, no matter what. Any other landlord could not be compelled to provide a tax return proving that they claimed the rental income on their taxes...and he cannot be compelled to do so either.

This attorney wants that tax return for more than proving that he is claiming the income on his taxes. I am completely certain of that.

However, I can think of one way to handle this issue without going to the expense of hiring at attorney to attempt to quash the subpeona. OP, get a copy of your tax return and black out absolutely everything on the return except your name and address, the amount on line 17 that shows your rental income/loss, and your schedule E. Give them the entire return with all the schedules, but with absolutely everything else blacked out with a good permanent marker.

 

[tranquility]

From a mortgage underwriting standpoint is is always ARMS LENGTH, from those standards they parties are always treated as they know one another.

You still have it backwards.

Google it if you don't believe me.

 

[gator1]

Get an attorney. Get the subpoena regarding production of tax returns quashed. Ask for attorney fees under Code of Civil Procedure �1987.1 & .2.

This is the correct legal advice for the OP. To get an attorney and move to quash

...However, I can think of one way to handle this issue without going to the expense of hiring at attorney to attempt to quash the subpeona. OP, get a copy of your tax return and black out absolutely everything on the return except your name and address, the amount on line 17 that shows your rental income/loss, and your schedule E. Give them the entire return with all the schedules, but with absolutely everything else blacked out with a good permanent marker...

Not bad .

However, while one could reasonably presume the party only demands rental income information, if the subpoena expressly asks for the entire tax return, then that is what OP must produce. Filing what could be a legally inadequate response without having filed a timely motion to quash could waive the right to object later to submitting the entire tax return.

But a redacted response such as this is arguably in good faith and sufficient to avoid sanctions, and will throw the ball back in the party's court to object to that response if they wish, and argue why they need more.

OP should consult with an attorney before filing any response at all.

 

[LdiJ]

This is the correct legal advice for the OP. To get an attorney and move to quash




Not bad .

However, while one could reasonably presume the party only demands rental income information, if the subpoena expressly asks for the entire tax return, then that is what OP must produce. Filing what could be a legally inadequate response without having filed a timely motion to quash could waive the right to object later to submitting the entire tax return.

But a redacted response such as this is arguably in good faith and sufficient to avoid sanctions, and will throw the ball back in the party's court to object to that response if they wish, and argue why they need more.

OP should consult with an attorney before filing any response at all.

And how could the opposing attorney possibly argue that they could need more? The issue is rent...and once again, the non-party's tax return is private under the federal tax code therefore it would be virtually impossible for the opposing attorney to argue that they needed more or a judge to order such.

While I do agree that making a motion to quash a subpeona can be important, its not necessary under the law to make a motion to quash something that is illegal for the other party to demand. A subpeona has to follow the law, and a lack of challenging the law doesn't automatically confer legal status to a subpeona. People would like to argue otherwise, but that is not the case.

 

[Just Blue]

I agree. And most of you know I RARELY agree with Bali!

I didn't read after this post, so if it was already stated...sorry. But it is likely that the GF will lose her court case if OP does not provide PROOF of rent. (ie taxes).

 

[tranquility]

I didn't read after this post, so if it was already stated...sorry. But it is likely that the GF will lose her court case if OP does not provide PROOF of rent. (ie taxes).

Actually, just asking for the tax return in this situation would be the tort of abuse of process.

Precision edit:
When I think of it, I must retract what I wrote a little. Before it would become a problem for the requester, there should be some communication, a meet and confer, and the requester does not revoke the demand.

 

[gator1]

...While I do agree that making a motion to quash a subpeona can be important,

its not necessary under the law to make a motion to quash something that is illegal for the other party to demand.

A subpeona has to follow the law, and a lack of challenging the law doesn't automatically confer legal status to a subpeona...

WHOA... It is NOT ILLEGAL to issue a subpoena to a third party for information such as this.

If you have any statutory authority to back up such a claim, please show it.

There are privacy issues at stake here, and in this case it is likely a motion to quash would be granted. However, if the facts were different, a motion to quash could be easily denied and OP forced to hand over the documents. Point here is a motion would be granted or denied based upon the facts in the case and the relevance and need for such information.

The subpoena IS legal, and OP has an opportunity to exercise his rights of due process under the law to challenge it. It is a civil matter, and if he were to ignore the subpoena, he will almost surely waive his right to complain later.

 

[tranquility]

WHOA... It is NOT ILLEGAL to issue a subpoena to a third party for information such as this.

If you have any statutory authority to back up such a claim, please show it.

There are privacy issues at stake here, and in this case it is likely a motion to quash would be granted. However, if the facts were different, a motion to quash could be easily denied and OP forced to hand over the documents. Point here is a motion would be granted or denied based upon the facts in the case and the relevance and need for such information.

The subpoena IS legal, and OP has an opportunity to exercise his rights of due process under the law to challenge it. It is a civil matter, and if he were to ignore the subpoena, he will almost surely waive his right to complain later.

I thought I did, on more than one post. Please review my links.

 

[Bali Hai]

Actually he is not really wrong at all. His tax return is a private document that no one can obtain, in any way, shape or form unless they are the IRS or they get it from him. I sure as heck would not provide my tax return to anyone in a case where I was not a party, and merely a witness, no matter what. Any other landlord could not be compelled to provide a tax return proving that they claimed the rental income on their taxes...and he cannot be compelled to do so either.

This attorney wants that tax return for more than proving that he is claiming the income on his taxes. I am completely certain of that.

However, I can think of one way to handle this issue without going to the expense of hiring at attorney to attempt to quash the subpeona. OP, get a copy of your tax return and black out absolutely everything on the return except your name and address, the amount on line 17 that shows your rental income/loss, and your schedule E. Give them the entire return with all the schedules, but with absolutely everything else blacked out with a good permanent marker.

If OP does this, the ex-husband should do the same on the next alimony check he writes.

 

[tuffbrk]

If OP does this, the ex-husband should do the same on the next alimony check he writes.

Heeheehee! Thanks for the chuckle Bali!

Prior to the CSE garnishment being processed, I wrote Welfare on the memo line of the first check. Thereafter, I used to write on the memo line - Exfirstname -fare. It annoyed him, made me smile when I put the check in the envelope. Sometimes it's the little things!

 

[tranquility]

Why stop at welfare? How about for drugs? For sexual services? Something that would really perk up someone's interest.

 

[Bali Hai]

Heeheehee! Thanks for the chuckle Bali!

Prior to the CSE garnishment being processed, I wrote Welfare on the memo line of the first check. Thereafter, I used to write on the memo line - Exfirstname -fare. It annoyed him, made me smile when I put the check in the envelope. Sometimes it's the little things!

I wrote kangaroo court ordered alimony on my checks until the ex and her attorney went running to the judge like a couple of three year olds. The judge told my lawyer that I needed an attitude adjustment and ordered me to direct deposit the money into her account.