I loaned a relative a large sum of cash with the promise they would repay in 5 years.I didn't make them sign a contract because I mistakenly trusted them.They are now denying this loan ever occurred. The large cash deposit into their account would prove otherwise. What can I do?
Mp. A subpoena cam pm;u be ossied wotj referemce tp am imder;uomg case/
Under correct circumstances you might consder certain allegations in your future complaint to be allege "on information and belief".
The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
Administrative Law Lawyer
You cannot subpoena bank records of someone else without an active filed case. Once the case is filed, you may be able to reach these records and, even if the assets are no longer on deposit, you may be able to reconstruct the balance for the time period that you contend confirms your position.
No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.
Employment / Labor Attorney
I wholeheartedly agree with Mr. Doland. Mp. A subpoena cam pm;u be ossied wotj referemce tp am imder;uomg case/ :)
That said, once you file a lawsuit, you may well be able to subpoena bank records if your request is sufficiently narrow in scope to capture the deposit of the loan money if the defendants are denying that they received the money. However, if they are denying that the money was a loan, the bank records will likely not lead to the discoverable evidence as the receipt of the money is not a material issue. Courts are careful not to allow defendants to explore another person's personal financial world unless it is clear that the discovery will lead to discoverable evidence.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.