- April 12, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Dealing with a Bank Subpoena for Bank Records
I am currently facing a troubling situation where our bank has informed me that they have received a subpoena for our bank records related to my husband’s case. Unfortunately, my husband is currently incarcerated and the case is already closed. This news has left me feeling overwhelmed and frustrated as I try to make sense of what this all means.
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I would ask to see a copy of the subpoena. That will let you know who is requesting the records, if it’s a criminal case or a civil case, etc. Then if you want to try to stop the bank from sending the records, the appropriate thing to do would be to have an attorney file a motion to quash the subpoena. At least that’s how it goes in any jurisdiction I’m familiar with. Good luck.
Maybe he was using a credit card to pay for CP?
Unless they are trying to work on something for a new criminal filing, which I wouldnt think is likely at all….It could be in regards to some sort of civil proceedings like restitution or civil lawsuit, or for determination of ability to pay for something like supervision, fines, fees, or something along those lines.
It’s exceptionally unlikely that they would force the sale of your home. Even the IRS can’t take your primary residence when you owe hundreds of thousands of dollars in unpaid taxes.
Usually the most they’ll do is put a lien on the house and that’s generally only if the person isn’t paying their restitution as ordered and you stated they already have a plan for that.
I’m sorry you’ve been through so much. It’s very unfair to you.
The info from the bank says that it’s from the US Department of Justice in relation to his case that is closed. I assume it’s in regard to paying his restitution. That would mean that they are going to try to take our HELOC probably to pay his fine. So essentially I’m going to be paying it for the next 10 years. Can they force me to sell our house or his truck to pay the fine? Even if I wanted to stop this, I can’t get a court order or access to a lawyer before Monday, so I’m screwed. They calling me a “victim” but they keep screwing me over and taking everything from me. I’m ready to just end all of this. It’s not worth it to try anymore.
There is 2 possibilities here. The first, and regrettably, the most probable, is that they are working on a new criminal case and the bank records is evidence they need to establish the facts of a criminal conspiracy or participation in a criminal enterprise. He could be looking at a RICO charge maybe?
The other possibility is that they are trying to determine to his ability to pay fines and restitution if they are applicable to his case. A subsequent possibility in attachment to this is if he gave a statement as to indigency or being too poor to pay his fines/restitution, then that could be grounds for providing false statements, which is also a crime. [https://www.law.cornell.edu/uscode/text/18/1001](https://www.law.cornell.edu/uscode/text/18/1001)
While you could theoretically file for an injunctive order preventing the records from being used, it is almost always denied. There is a U. S. Supreme Court case that says people have no 4th Amendment right in bank records.