Must the bank turn over records before receiving payment for research if bank has been presented with a subpoena?

I am not a lawyer, but I would believe so. The court is requiring those records in legal proceedings and the risk of telling a judge to wait while you are holding out your hand for payment first would seem like a bad idea to me.

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Andy Zavoina
Opinions stated are not necessarily that of my employer.

I agree ... but if it is a huge and expensive research job, we ask for an agreement to pay ... and if they refuse we go into court with a motion for protective order seeking payment against protection. We have been reasonably successful with this strategy.

bwest: This can be a huge recurring problem. I know of a situation involving the collection of a bill for $1200.00 for records supplied in 1995! The case has been on appeal 2X and, hopefully, the court will finally throw the atty in jail next month for failing to pay for the records.

SteveG's advise is very good. I would add that you MUST consult w/your attys, as this issue is governed by state laws and civil and criminal rules for the conduct of litigation.

Some states (i) will not permit you to charge a law enforcement agency for the records, (ii) reqr that you submit the records 1st and, if your bill isnt paid, you must go to court to recover your fee.

Finally, dont overlook the possibility that you can chgarge your customer for producing the records. Some banks provide in their rules for deposit accts that, if they must supply a customer's records, whether the customer asked for them or not, the bank can charge the customer. This could create customer service issues, however, it might be better to charge your customer and let him/her chase the cheap *@#!* that wont pay for the records!

I AM NOT ENGAGED IN PROVIDING LEGAL ADVICE AND THE VIEWS EXPRESSED ARE NOT THOSE OF MY EMPLOYER

If it is a criminal proceeding, you may not condition supplying the records on assurance of payment. It is the corporate equivalent of jury duty.

If it is a civil proceeding, look to state law. For example, the Texas Financial Institution Records statute allows you to either require payment in advance of production or the posting of a bond to assure that you do get paid. Some other states have similar laws.