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  1. #1
    Join Date
    Jun 2017
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    2

    Default How to Subpoena Bank Account Information from a Third Party

    My question involves court procedures for the state of: California

    Hi,

    I was awarded damages against two defendants in civil court judgment last week. I want to require that a third party pay a defendant's accounts receivable toward satisfying the judgment or else levy the bank account where those checks are deposited. The individual defendant is the owner and administrator of a state-licensed residential facility for developmentally disabled adults; that facility's licensee is her home-based corporation, which is a co-defendant.

    A private entity makes the monthly payments to the facility on behalf of the State Dpt. of Social Services. I already reviewed documents which I had previously subpoenaed (duces tecum) from that private entity; those documents consisted of payment amounts and history, along with frontal images of issued checks.

    I need to obtain the name of bank where the facility's checks are being deposited, for the purposes of levying that account.

    But, I don't know where to have subpoenaed documents sent? Or, can I request that I view the documents at the site of the entity?

    Before judgment was handed down last week, that entity had send the subpoenaed material to the court department that heard my case. Now that my case is over, how can I subpoena info related to the identity of the bank and bank account information where the checks have been deposited?


    Or, even better, might it be possible to obtain a writ of execution that orders that third-party entity to pay the accounts receivable toward satisfying the judgment, e.g., as in a wage-garnishment scenario?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: How to Subpoena Bank Account Information from a Third Party

    You should obtain information about the defendant's bank accounts from the defendant, not from a third party.

    You can explore the possibility of getting an order of garnishment against the third party, for the money that would otherwise be paid to the judgment debtor.

  3. #3
    Join Date
    Jun 2017
    Posts
    2

    Default Re: How to Subpoena Bank Account Information from a Third Party

    Thank you for your response.

    The court granted my request for default judgment. Unlike serving the corporate defendant, I have not been able to effect personal service on the individual defendant in the past; for, she is most evasive.

    I realize that Code of Civil Procedure section 708.110 provides for the judgment debtor examination; although, it may not be a problem to serve a corporate officer with the notice of such an examination,
    I am substantially certain that the individual defendant will still be most elusive. Therefore, I reasoned that, as the the third-party is the payer of the accounts receivables to the defendants does so by issuing monthly checks and has the banking information relating to the individual defendant's bank (and possibly account number), that it would be the more practical method to subpoena such information from that payer.

    Also, I subsequently checked out information related to your suggestion regarding "order of garnishment." Specifically, Notice of Levy and Memorandum of Garnishee (CCP 700.040). Timing is of the upmost importance in serving the third party. Curiously, based upon the historical payment history, the monthly payment date varies. The window of opportunity for a positive outcome is the precise date of the month of the actual issuance of the check, i.e., monthly payment to facility.

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