Subpoena of family member's BANK statements??

[lawquestions]

My STBX subpoenaed my mother's bank statements (which has NOTHING to do with me - my name is not on any of her accounts nor am I the beneficiary of her accounts) and the bank released the records to my STBX's attorney! Is this legal?? IF so, can anyone just subpoena ANYONE'S bank statements and they would have to comply? Isn't that a breach of confidentiality as well as invasion of privacy?? Wow, is there NO JUSTICE left in NC??

Looking to hire another attorney to handle the rest of this case. This is getting absurd! Let me know if Rosen practices in Rowan County. Looking for an attorney OUTSIDE of our county.

Thanks!

[Ryan Short]

I'd need to know her rationale, but it could be an abuse of subpoena. If she is pro se then she can't issue a subpoena on her own. Your mother should've filed a motion to quash the subpoena.

[lawquestions]

There was no time to QUASH the subpoena. By the time my mother was notified that her bank accounts had been subpoened, it was already past the date for the bank to produce the documents to my ex's attorney. However we aren't scheduled to go to court until next week, so is it still time to quash? And if so, how does she (or I) file a motion to quash?

[athos]

FWIW, yes it is legal to file a subpoena or request for production of documents on a family member. It sounds like what your STBX is trying to establish is that you are receiving money from that family member. If you are receiving money in some amount or with some regularity, it can be considered income to you and therefore used in calculation of child support and/or alimony. It's not common, but it's not unheard of either. There are several cases on record where parent provided either free rent or reduced rent to a child going through a divorce. In a couple of those, that reduced/free rent was considered income to the recipient by the courts.

[jim27106]

Your mom may not care. Throwing lots of paper at the other side is one way to run up their legal bills. She may have called an attorney who pointed out it would cost more to quash it than just comply.

If you had lots of money for attorneys you could sue for abuse of sub poena. If she is pro se then a clerk of court (or someone else official) signed it. I doubt you could sue them.