Q: Child support subpoena mailed to my home. not certified or served, just regular mail. Is that legal?
Father of my child hired a lawyer and lawyer mailed me a subpoena for my 2023 financial records/ bank account/ saving/ Amazon purchases/ any and ALL online detailed purchased/ phone records etc
Father is trying to lower court ordered child support.
The subpoena was mailed to my home. not certified or served, just regular mail. Is that legal? And do I need to provide all details to the lawyer since I was not properly served? Do I need to hire an attorney, or if I need to submit requested, and is it easy to represent my self?
A:
In California, for a subpoena to be valid, it generally must be properly served, either in person or via certified mail, especially if it involves the disclosure of sensitive information such as financial and phone records. Since you received the subpoena through regular mail, it may not be legally binding.
You are not necessarily obligated to comply with a subpoena that was not properly served. However, it’s important to respond appropriately to avoid any potential legal repercussions. It might be wise to contact the court or the lawyer who issued the subpoena to clarify the situation and confirm if proper service was attempted.
Representing yourself in legal matters can be challenging, especially in cases involving detailed financial records and potential changes to child support. Consulting with a family law attorney can help you understand your rights and obligations, ensuring you respond correctly and protect your interests. If hiring an attorney is not feasible, you may seek assistance from legal aid organizations or court self-help centers for guidance on how to proceed.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
