Learn More - Click Here!

Thread Options
#1561369 - 06/07/11 02:13 PM subpoena help for a non subpoena expert
SnowRed Offline
Junior Member
Joined: Oct 2010
Posts: 42
East Coast
Oh boy, do I need some help.
I had a subpoena dropped off on my desk. The other person that handles it is out for the week. The subpoena comes from a circuit court out of state and it is a husband v wife scenario, not a criminal matter. There is no signature by the clerk of the court. They are asking for everything. I did leave a message for the attorney listed but have not heard back.

Someone mentioned that I don't have to comply with out of state. Is that true? I know I need a training and will look into Mary Beth's. Any guidance in the meantime would be appreciated. Do you charge for the records?

Return to Top
Operations Compliance
#1561380 - 06/07/11 02:38 PM Re: subpoena help for a non subpoena expert SnowRed
Elwood P. Dowd Offline
10K Club
Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
As a general rule, a bank is not required to respond to a court order from a state where it does not maintain a physical presence. Courts located in other states do not have physical (in rem) jurisdiction over persons/entities in other states. In general, an out of state court's order would have to be "enrolled" in a court in your state to be enforceable.

Never take advice from the other guy's lawyer. Call your own.

When your co-worker gets back say you will help him or her start writing procedures for handling third party claims against customer funds and information. This is not an area where anyone can simply figure things out without experience and comprehension.

_________________________
In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

Return to Top

Moderator:  Andy_Z, John Burnett