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  1. #1
    Join Date
    Apr 2012
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    New Jersey
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    18

    Default Subpoena of Bank Records

    My question involves a marriage in the state of: New Jersey, Going through a divorce, trying to do some things on my own to keep legal costs down, so is it possible for me to get a subpoena on my own to try and find out my soon to be ex's bank balance? Or must I have an attorney accomplish this for me? I am fairly certain there is money that is being hidden that has disappeared from our joint account and may have been placed in a new account.

  2. #2
    Join Date
    Jun 2012
    Posts
    173

    Default Re: Subpoena of Bank Records

    No, you don't need a lawyer to subpoena bank records if you know how to do it yourself. You basically have to file a motion with the court saying you want to subpoena your ex's bank records.

    Rarely do I link to wiki pages, but this one does a good job of explaining the step by step process: http://www.wikihow.com/Subpoena-Bank-Records

  3. #3
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: Subpoena of Bank Records

    Before we jump ahead to subpoenas, the first thing you do when you want information from the other party is exercise your discovery rights - requests for production of documents, interrogatories, possibly a deposition. (If you were represented and believed your spouse was hiding substantial assets, I would say "definitely a deposition" - but as a pro se litigant with no experience conducting depositions, I'm not sure how realistic that is for you. If significant assets are involved, I suggest retaining a lawyer.)

    As only attorneys and the court can issue subpoenas in your state, my inclination would be to try to get the information through regular discovery and the, only if there were non-cooperation, seek the court's intervention to enforce the discovery requests and possibly also to subpoena the information directly from the financial institution, but I wouldn't start with a request for a subpoena.

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