I work at a thrift regulated by the OTS. Several years ago, we were allowed (I think by OTS regulation, but I can't find it) to charge $11.00 per hour for the time we spend retreiving records. I know htat Reg S applies when federal law enforcement wants the records and the IRS Summkons procedures also apply to an IRS Summons. What I can't find is where it provides that we are allowed to charge $11.00 per hour for retrieving records.


We received a subpoena from an attorney, we supplied the records, but now he refuses to pay us. He wants us to prove that we have the right to charge $11.00 per hour for the research time we spent getting the records.

Can anyone please help ? Thank you.

Try Regulation S. You can use Bankers Online "Alphabet Soup"...just click on the soup can above!

This is probably outside the scope of Reg. S. If I were faced with this attorney, I'd send out my schedule of fees & charges. Ours states that account research is billed at $50/hour with a $15 minimum. That should be adequate 'proof'.

Keep in mind mbradley, that Reg S is strictly for federal agencies. Lawyers don't count there. Our photocopy fees are 20¢ per copy, $25 per hour and $3 per statement.

I HAVE TRIED FOR YEARS TO FIND A WAY TO COLLECT FOR THE TIME REQUIRED TO RESEARCH AND COPY RECORDS FOR A SUBPOENA AND HAVE NOT FOUND ONE. I AM TOLD THAT I MUST PRODUCE THE REQUESTED RECORDS OR BE HELD IN VIOLATION OF THE SUBPOENA. I HAVE NEVER BEEN SUCESSFUL IN COLLECTING.

I have been able to collect in civil cases where the bill gets passed on to the client but in criminal cases I have had limited success in collecting fees.

Our experience has been checkered. We have provisions in state law the allow us to refuse to deliver records (except when summoned to court duces tecum (with the records)). At court, we have the right to request reimbursement, but the judge can disallow it.

For records that attorneys request during "discovery," we try to work with most attorneys and get what we can, knowing it will be passed along.

Most states don't have laws requiring reimbursement for research and records. Why? Because most state legislatures are populated by attorneys, many of whom keep their outside practices open while serving as our elected leaders. Something about shooting themselves in the foot?

Relating to the subject of fee reimbursement, we recently received a bill from our processor to retrieve records on a customer. The request for the records came from the State of NJ by way of subpoena - is there any way that we can bill the State of NJ for the cost of retrieving the records? It was a very large bill!!!! Anyone know?????