subpena question

[1Peter169]

What is the name of your state? Iowa

Can a lawyer subpena a friends' bank account in order to find my money? I have no money in any account but my own and have told them that. Is this just a scare tactic?

 

[Attorney Answer]

What is the name of your state? Iowa

Can a lawyer subpena a friends' bank account in order to find my money? I have no money in any account but my own and have told them that. Is this just a scare tactic?

Yes. But, then the question becomes, "Will the friend allow the account to be seen, or will the friend file a Motion to Quash Subpoena?"

 

[weenor]

A writ of execution can be placed on any of your accounts to collect a money judgment such as child support, or judgment taken by a creditor. If your money can be traced to the friends account the process would be somewhat different but there are other ways to collect on a judgment.

 

[seniorjudge]

Q: Can a lawyer subpena a friends' bank account in order to find my money?

A: Yes.


Q: Is this just a scare tactic?

A: No.

 

[VeronicaGia]

What is the name of your state? Iowa

Can a lawyer subpena a friends' bank account in order to find my money? I have no money in any account but my own and have told them that. Is this just a scare tactic?

If you are using someone elses account, stop. Start using money orders.

 

[1Peter169]

Thank for the help so far!

If you are using someone elses account, stop. Start using money orders.

Ummmm. I believe I said I'm not using someone elses account and I'm not. I have one account. It's in my name only. I've had it for years. She's had her account in her name only...for years. She makes $50,000/year MORE than I do. Why would she need to look for more money of mine? What's the purpose?

How do you "quash" the subpena?

 

[seniorjudge]

Ummmm. I believe I said I'm not using someone elses account and I'm not. I have one account. It's in my name only. I've had it for years. She's had her account in her name only...for years. She makes $50,000/year MORE than I do. Why would she need to look for more money of mine? What's the purpose?

How do you "quash" the subpena?

You file a motion to quash the subpoena giving reasons why the court should not enforce it.

The person who got the subpoena should file this motion.


1 Peter 16:9 For a great door and effectual is opened unto me, and there are many adversaries.

 

[1Peter169]

1 Peter 16:9 For a great door and effectual is opened unto me, and there are many adversaries.

Thank you for your info. It's actually the bank that is being sent the subpena, and for an account that doesn't even exist! My friend doesn't even have an account at this bank.

BTW: It's 1 Peter 1:6-9 There is no 1 Peter 16:9

 

[ceara19]

Thank you for your info. It's actually the bank that is being sent the subpena, and for an account that doesn't even exist! My friend doesn't even have an account at this bank.

BTW: It's 1 Peter 1:6-9 There is no 1 Peter 16:9

Then there's no problem. If the account doesn't exsist, there are no documents or information to subpoena.

 

[Bali Hai]

Ummmm. I believe I said I'm not using someone elses account and I'm not. I have one account. It's in my name only. I've had it for years. She's had her account in her name only...for years. She makes $50,000/year MORE than I do. Why would she need to look for more money of mine? What's the purpose?

How do you "quash" the subpena?

She's greedy numb skull!! If you haven't figured that out "for years" you deserve to be taken.

 

[LdiJ]

Peter, there are obviously things going on in your case that you haven't shared. That is your right. However, we are answering questions in a vacuum, and as a result some of the answers you get may not be correct, or may only be partially correct.

 

[1Peter169]

You're Absolutely Right

Peter, there are obviously things going on in your case that you haven't shared. That is your right. However, we are answering questions in a vacuum, and as a result some of the answers you get may not be correct, or may only be partially correct.

You make a good point. It's just that I'm tired of being told what a bad guy I am. So in this forum I was just seeking quick answers to serious questions. It's comments like "you deserve to be taken" that just makes this whole mess even tougher to take. I use to think that, but now I know it wasn't me at all. I'm really just like a cute little bear cub that's been poked at with a stick for far too long and I finally decided to make the poking go away.

I'll expand more on my situation later today when I get a break. Thanks for your insight.

 

[stealth2]

Is this "friend" female, and/or your lover?

 

[1Peter169]

Is this "friend" female, and/or your lover?

Friend - Yes

Female - Yes

Lover - No

My wife is also looking for money through my mother's bank accounts.

 

[MominMass]

They can subpeona your friend to come to attorney's office for a deposition, and ask that she bring bank records, phone records, credit card records, and the kitchen sink. She can attempt to have the subpeona quashed, but the judge will likely allow it if wife's attorney can show reasonable cause. What is reasonable is anybody's guess in Probate Court.

Once she gets to the deposition, they can ask her anything they want, and technically she can't refuse to answer it. I know because this happened to me personally. I wouldn't call it a scare tactic, I would call it harassment.
As my daddy used to say, however, "askin' 'aint gettin' ". It costs a lot of money to go through all those motions to shake your friend down. If there is nothing to hide then you have no worries. In my case, I showed up with no documentation whatsoever and told them I don't save such items. Sounds like your X's lawyer is wasting her money if he subpeonaed an account that never existed.

As for the reason WHY she would want to look for more of your money, um,
that seems sort of obvious. She wants more money! She's probably also jealous of your relationship with your friend and wants to shake her up. If she's really a good friend, she'll weather the storm with you. I did with mine, ten years ago, and he just called me two minutes ago to tell me how much he loves me. Hang in there, Peter.