My attorney pushed me to settle even though there is an undisclosed bank acct and unclaimed income. Can I subpoena the bank, and if money is found hidden- what are the consequences? Thank you.
To add to Mr. Harkess's answer, you need to have some kind of motion at is due in the court before you can subpoena anything. Under a recent Colorado Court of Appeals decision, you may claim, "based on information and belief," that there is an undisclosed bank account and then conduct discovery to unearth records regarding that account. However, that decision is being reviewed by the Colorado Supreme Court and may ultimately be reversed. It would be better to have some kind of documentation of this concealed account first. That, of course results in a problem. If you had the documentation at the time of the divorce, then the account is not really concealed.
This answer is provided as general information about a legal issue, is not legal advice specific to a particular case, and does not create a lawyer-client relationship with the person asking the question.
You may subpoena the records IF you have a pending motion to re-open the divorce based on concealed assets. There is a 5 year period for doing this after the divorce decree has entered. you should get a lawyer to help you with this.
John H Barrett 1526 Spruce St Boulder Co 80302 303-928-2300
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