My question involves court procedures for the state of: Georgia
Construction Defect Litigation reaches out-of-court settlement a year ago.
Wife owns house, husband does not. Wife was plaintiff, not husband.
Joint bank accounts.
Builder suing subcontractors (and John Does #1 & 2) in attempt to recover part of settlement costs.
Wife now receives Subpoena Duces Tecum for deposition & to provide all records and invoices for "any repair done by wife and/or family subsequent to settlement of lawsuit". Of course, wife/family have not "done" any repairs, that work was contracted to be done for us. Wife paid some invoices, husband most - out of his private checking account and cash. Husband worked with expert witnesses as directed by wife's counsel, not wife.
After seven years of litigation, almost $100k of expenses, we thought there would be no more involvement in this nightmare.
Subpoena is from lawyer of insurance co. covering a subcontractor involved in original construction. Subcontractor was never given opportunity by builder to inspect/repair house prior to settlement & was not involved in negotiations of settlement.
Is there any way to discourage or avoid providing what we consider to be private information, of what we have done with proceeds of settlement and/or repairs to house? Does the issue of only wife owning house, or the seperate accounts provide her with any protection from disclosing information? The check for $35 does not even come close to covering the time, mileage & parking involved in being deposed in another county. Frankly, I would just as soon work against the builders getting one cent in recovery, however we have already lost too much time and money - the settlement did not come close to covering our losses! We just want to get on with our lives!