Q: Is a parent considered a plaintiff in minor's civil complaint?
My daughter is plaintiff in a civil lawsuit against her former school. The petitioner is listed as my daughter's initials through her parent (my name). Short story is there was a settlement for special education and Title IX with the district. The district never made payment. So we ended up in court, based upon the district and their attorney "believe" we have several other settlements and they want to void the settlement. There is no such other settlements. Three weeks ago, I get a large envelope with 26 subpoenas in the mail for random banks all across the East coast for my bank records. All but one was denied by the bank, either no account, I am not party, no protective order, violation of NC GS 53b or attorney checked box I was the one issuing the subpoena. Last week the attorney sends me an email stating they have destroyed the records supplied and issued 26 new copies plus a few more. One bank already denied and again stated I am not a party. Am I a party of the lawsuit?
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A:
In a lawsuit involving a minor, the parent or guardian often acts as a representative or "next friend" for the minor but is not automatically considered a plaintiff. The minor is the plaintiff, and you, as the parent, are there to facilitate their legal rights since they cannot represent themselves in court.
Your involvement in the case does not make you a direct party to the lawsuit. Being listed as the parent of a minor plaintiff does not mean that your personal legal interests are being litigated. The subpoenas for your bank records may be an overreach by the opposing attorney, especially if you are not a named party and there is no valid reason to involve your personal finances.
You might want to consider raising these concerns with the court or consulting with your attorney about the appropriateness of these subpoenas. The attorney's actions may need to be challenged, particularly if they continue to pursue records from entities where you have no accounts or connection. This situation can be complex, and addressing it directly may help protect your rights and privacy.
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