B
bonne
Guest
A business Trust, in which I am the Managing Director, was granted a garnishment and the defendant claimed they paid the order..ie objected. Judge ordered the defendant to "bring a representative from the bank to court and prove that funds were deposited into the account."
The defendant subpeoned the bank, stating all records. The bank representative appeared at the hearing, but not the defendant. The representative did not produce the records and left the building after the judge ordered us to have a conference in the hall. Judge issued an immediate writ. I left under the impression the writ was to release garnishment funds. I later discovered that it was for the bank to show cause.
The bank recently and under the subpeona dated for the previous court date, entered both the Trust account and my personal account into the record. This information is now for public view, account numbers and balance amounts--everything.
I was told that the judge made his own personal investigation of this case. He has now issued a order to show cause to me and risk contempt of court. The clerk stated "the judge says he does not care who's account it went into, the judgment was paid."I cannot seem tomake it clear that the Trust account is not mine.(It was filed in that manner). NOTE: I turned this judge over to the Judicial Tenure Commission. I feel he knows he is being investigated.
My question is: Does the bank have a right to release my account information the way they did? Can I hold them responsible? Or, does the judge have a right to personally investigate matters?
Funds were deposited into my personal savings account.The bank only issues a quarterly savings statement, which I just recieved. I live in Michigan.
[Edited by bonne on 01-25-2001 at 09:18 AM]
The defendant subpeoned the bank, stating all records. The bank representative appeared at the hearing, but not the defendant. The representative did not produce the records and left the building after the judge ordered us to have a conference in the hall. Judge issued an immediate writ. I left under the impression the writ was to release garnishment funds. I later discovered that it was for the bank to show cause.
The bank recently and under the subpeona dated for the previous court date, entered both the Trust account and my personal account into the record. This information is now for public view, account numbers and balance amounts--everything.
I was told that the judge made his own personal investigation of this case. He has now issued a order to show cause to me and risk contempt of court. The clerk stated "the judge says he does not care who's account it went into, the judgment was paid."I cannot seem tomake it clear that the Trust account is not mine.(It was filed in that manner). NOTE: I turned this judge over to the Judicial Tenure Commission. I feel he knows he is being investigated.
My question is: Does the bank have a right to release my account information the way they did? Can I hold them responsible? Or, does the judge have a right to personally investigate matters?
Funds were deposited into my personal savings account.The bank only issues a quarterly savings statement, which I just recieved. I live in Michigan.
[Edited by bonne on 01-25-2001 at 09:18 AM]