Objection to discovery - tax return, proof of income

Asked over 3 years ago - Decatur, GA

If Defendant responded to discovery request with objections and I file motion to compel, when court will support the Defendant that documents are not admissible? Defendant claims repaying me and giving me extra money so that I owe her. Is her tax return and proof of income relevant to discovery.

Additional information

Some answers indicate that proof of income is not relevant. She is claiming repaying me in form of cash in excess of amount owed wihout bank records. Does she need to prove that she had the money to repay in form of earned wages or bank saving? What is purpose of discovery? On my behalf, I have tangible records of giving her the money.

Attorney answers (3)

  1. Glenn M. Lyon

    Contributor Level 15

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    Lawyer agrees

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    Answered . Probably not relevant until you have a judgment and need to collect on it.

    If you would like to discuss any issues further, please feel free to contact my office. The link to my contact information is below. Thank you.

    The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

  2. Henry Daniel Lively

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . It maybe relevant. It may also be private financial information that they will object to providing. Something is relevant in discovery if the actual information is relevant or it may lead to other relevant information.

    Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to any person's unique situation. Circular 230 Disclaimer - Advice given in this response cannot be used to eliminate penalties with the IRS or any other governmental agency.

  3. Robert Jan Suhajda

    Contributor Level 17

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    Lawyer agrees

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    Answered . Probably not. The judge could do an in chambers review of tax return to see if it contains anything that could lead to relevant evidence. Also tax returns are privileged except if it is against some public policy, like providing child support.

    Disclaimer of California Attorney
    Although the above response is believed to be accurate, it should not be relied upon as any type of legal advice because the information provided is incomplete. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. No attorney client relation is formed with me without a written contract.

    Good Luck starts with a strategy and a plan.

    Robert J. Suhajda, MS,CPA
    Attorney-At-Law
    17721 Norwalk Blvd. #43
    Artesia, CA 90701
    562-924-8922


    Tax Relief Lawyer. Former financial auditor and controller. Admitted to US Tax Court, Income Tax, IRS representation, Fiduciary income tax returns, Estate and Gift tax returns, Homeowner Association Strategist.

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