Q: Can an attorney issue 26 subpoenas to random financial institutions?
I filed a judicial review of an ALJ decision. The ALJ awarded the other party almost $50k in attorney fees but she is barred by state and federal law. From a records request of emails I find out the judge is "good friend" of the attorney. Basically states for the attorney to write the final decision and the ALJ will sign. Opposing counsel filed contempt of court stating I did not pay the $50k. The attorney postpones the contempt. The next day I get alerts someone ran my credit at the law firm. The day after that the attorney issues 26 subpoenas to my financial institutions. Some current some old. Banks denied without court order because technically I am not a party and defects in the subpoena. Last week the attorney reissues the same 26 but adds a few more. Since the contempt was filed there has been a total of 4 rounds of subpoenas. A bank told her she is in violation of NC 53b, government seeking financial records. How do I stop this? One bank states they will close my account
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A:
I'm sorry you're experiencing this situation. It's important to take action to protect your rights.
First, document every instance of the subpoenas and any communications from the attorney. Keep records of which banks have denied the subpoenas and their reasons. This information will be valuable if you need to present it to the court.
Next, consider filing a motion to quash the subpoenas with the court handling your judicial review. Explain that the subpoenas are improper because you are not a party to the case and highlight any violations of relevant laws, such as NC 53b. Additionally, you might want to report the attorney's behavior to the state bar association, especially if there's evidence of misconduct or conflicts of interest.
Finally, consult with a legal professional who can provide specific advice tailored to your situation. They can help you navigate the process and ensure that your rights are fully protected.
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