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#2156186 - 12/06/17 03:12 PM Log for Summons, Garnishments, Subpoenas etc...
Megaman Offline
100 Club
Joined: Jul 2017
Posts: 121
Does any one have a log for summons, garnishments, subpoenas and the alike that they are willing to share? Is there any information that the bank is required to keep for a log, for these types of items? Thank you

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#2156194 - 12/06/17 03:27 PM Re: Log for Summons, Garnishments, Subpoenas etc... Megaman
bcompliance Offline
Diamond Poster
Joined: Sep 2014
Posts: 1,258
we have a log. the only thing it contains is the date we were notified, what was requested, what was sent, and the source of the inquiry. the compliance department adds columns to see if the request was completed on time and reviews that only the documents that were requested were sent and for suspicious activity.

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#2156233 - 12/06/17 05:01 PM Re: Log for Summons, Garnishments, Subpoenas etc... Megaman
P*Q Offline

Power Poster
Joined: May 2001
Posts: 8,458
Same as above here.

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#2156253 - 12/06/17 05:45 PM Re: Log for Summons, Garnishments, Subpoenas etc... Megaman
JacF Offline

Power Poster
Joined: Nov 2001
Posts: 6,719
In addition to the items tracked by bcompliance above, we also track the following:
-method of service (certified mail, hand delivered, etc.)
-Person/department receiving service
-Person/department docs are ultimately delivered to

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#2156375 - 12/07/17 11:15 AM Re: Log for Summons, Garnishments, Subpoenas etc... Megaman
Elwood P. Dowd Offline
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Elwood P. Dowd
Joined: Aug 2001
Posts: 21,939
Next to Harvey
There is no legal requirement for a centralized legal process log reflecting third party demands for information or funds, but each type of demand may have its own record retention requirement. Either way, I regard the naming of a legal process clerk and the use of a log as a practical necessity. Using spreadsheet software doubles the value of the tool.

Possible column headings:
* Case number assigned
* Date & time of receipt
* Date response required
* Date response tendered
* Type of process (numeric entry based on a legend you create; e.g. 1 is IRS levy, 2 is state court garnishment, etc.)
* Object of demand (customer name)
* Found in CIF alpha query, yes or no (on a preliminary basis only, do we have a relationship with this person)
* Law firm (name or N/A)
* Delivered for processing (bank employee name)
* Copied to BSA department (yes or no)

Recording the date due allows the legal process clerk to follow up with the employee processing the demand in a timely fashion and demonstrate compliance. Using software allows you to slice and dice; e.g. customers on whom you frequently receive third party demands can be given a "bon voyage" party, law firms whose demands frequently are non compliant with state law (fishing expeditions) can be the subject of a complaint.
In this world you must be oh so smart or oh so pleasant. Well, for years I was smart. I recommend pleasant.

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#2156390 - 12/07/17 01:47 PM Re: Log for Summons, Garnishments, Subpoenas etc... Elwood P. Dowd
Lilly C Offline
100 Club
Lilly C
Joined: Dec 2004
Posts: 209
Sunny Florida
I process the legal requests at my Bank (I'm also the BSA officer). My log includes every item Ken is mentioning on his response. I also have two more columns on my spreadsheet. One for the account/relationship officer I notified (if appropriate) and in the second column I indicate if I'm reporting the request to the Board. It's a small part of my BSA report. I only report the numbers no details.

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#2156853 - 12/12/17 03:19 AM Re: Log for Summons, Garnishments, Subpoenas etc... Megaman
Victoria Aguilar Offline
New Poster
Joined: Dec 2014
Posts: 7
New York
Our policy indicates that all Grand Jury Subpoenas received on a client will increase their risk to "High". For that reason, I do have a log that indicates date received, responsive documents, what department it belongs to, date added to high risk, was SAR filed (if any).

The legal department has more columns like date when responded, confirmation of document sent, etc.

Hope this helps.
Victoria Aguilar

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