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CA Divorce: Can some one please explain the process of subpoena of accounts in divorce

San Mateo, CA |

My friend is undergoing divorce in CA and her soon to be ex is giving her hard time in providing all required bank statements . Can some one please tell what is the process, is there any cost associated with it? Is it done on each and every account or just regarding the ssn number and automatically all bank documents may be provided .

Attorney Answers 2

  1. Your friend under the California Discovery Act has significant rights concerning her ability to make her ex produce documents. A formal request for production of documents needs to be drafted and properly served. If the ex still fails to produce the documents, then your friend has to draft a meet and confer letter explaining why the ex is not in compliance with the request. Thereafter, if there is no compliance, your friend needs to file a Motion to Compel further responses. If there are no responses at all, the ex does not have to draft the meet and confer letter. If your friend files the Motion, she needs to file a Notice of Motion, a Declaration, Points and Authorities and a Proposed Order. In the alternative, she can use the subpoena powers of the court and obtain the records directly from the bank. This process is more troublesome and costly. As you might imagine, it would probably behoove your friend to retain family law counsel.

    I hope this is helpful.

    John N. Kitta

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  2. Your friend can either ask his ex to provide all copies of bank statements, by serving his ex with Demand for production of documents. If her ex refused to comply with demand for production of documents, she has to make an attempt to resolve the discovery dispute informerly. If your friend ex refused or failed to provide documents, you ex has option to bring a motion to compel production of documents before the judge and seek court order compelling such production of documents. Your friend's ex will have no choice but to provide his bank statements. If he still fails to comply with the court order, you friend will have option to seek sanctions against him.

    Your friend has an option to get bank statements or account information by utilizing the process of subpoena, as long as she knows names of the bank. However, said process could be expensive, since bank chargs research fees, copy fees for the bank statements and fees for providing copies of images/ checks deposits. Total costs may vary depending upon how records exists and were demanded.

    Madhu Kalra Kalra Law Firm 23720 Arlington Avenue, Ste 5 Torrance, Ca 90501 (310) 325-9012

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