Spring Lake, MI asked in Contracts and Collections for Michigan

Q: Can I request a modification of subpoena that was sent to my former credit union?

I am being sued for a loan that I signed for but never received funds. The original creditor had supposedly given the funds to a doctors office for a surgery I had scheduled. The doctors office claims they didn’t receive it. I tried to get this resolved without success. Now 3 years later I am being sued by a debt collector that purchased the bad debt. I responded that I did not receive funds. Plaintiff then subpoenaed my bank records. I have no problem with them accessing my deposits for the month that the funds we’re supposed to have been deposited. However The subpoena is for 10 months and full statements. Should that be allowed? They won’t find any deposits pertaining to that loan. I just don’t like the lawyer having access to all my personal info on bank statements. My contract clearly states financing for funds paid directly to me ( not a third party). If the funds were paid to the office but somehow lost why should I owe if the funds were supposed to go directly to me.

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Grand Rapids, MI
  • Licensed in Michigan

A: Your question presents two issues: 1) is a possible defense to the suit itself, and 2) the scope of the subpoena / discovery.

You're probably not going to win on the bank statement issue, and quite frankly, that's probably not where your focus needs to be on. You should retain an attorney to help you with this.

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