Larchmont, NY asked in Banking for New York

Q: My bank rec’d a court ordered subpoena for records regarding a case where I am not named. Does the bank have to comply?

A family member who was a temporary signatory on the account is named in a court case. A court ordered subpoena for all banking records was issued. He is not an account holder, owner, or employee of the corporation. What bank records does the bank have tp produce

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1 Lawyer Answer
Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera
  • Business Law Lawyer
  • Miami, FL

A: Depending on what the subpoena requests, the bank would gather the responsive documents and produce them unless excused by the court. It seems you are dealing with the records of a corporation. If that is the case, you can contest the subpoena in order to either avoid any production of records, or limit the scope of the production. You will need to obtain the services of an attorney who can contact the attorney requesting the records and probably reach an agreement to limit the scope of the production, and if this is unsuccessful, your attorney would be able to file a motion in court to protect the records from disclosure. I would not recommend contacting the attorney that had the subpoena issued directly, as the attorney might obtain from you information regarding your family member, to which he may not be entitled under the subpoena. Also, the attorney for your family member may file a motion in court objecting to the subpoena, explaining the legal basis for the objection.

Good luck.

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