Bank Statements

Who is requesting bank statements from you?

You may want to grab a copy of "beating up on debt collectors" by typing that phrase in google. I would personally never furnish documents to assist in a case against me and this small book will show you how to take charge in a court room hearing.

It also depends on the type of debt.

Credit card debt. It's a JDB. They have furnished absolutely no proof and want me to furnish bank statements. I refused. They said that if I did they would do a motion to compel. Rather that than just hand them over. I'm going to look into the book you recommended. Thank you.

unless it's ordered by the court.you don't have to furnish anything.if it is court ordered.then they can file that motion.did you receive the request by certified mail from the court?

No, this was a rather terse letter (via standard mail) from the jdb attorney saying that as part of discovery I have to furnish the statements within ten days, or give them all my banking information so they could subpeona the records. (Our next court date is mid October and that is a status review of discovery.) Also a copy of this letter was not sent to the clerk of court.
He also said that it would help me to prove the debt wasn't mine.
I refused, stating Invasion of privacy, didn't want to make my banking records a matter of public record, etc. and that they should have these records as proprietors of the alleged account.

I stated that it was my understanding discovery process was to discover what each party intended to bring forth as exhibits in the case, and that whatever I decided to present I would follow civil rules for my district in doing so.

I then sent a second request for production of docs asking for their bank statement showing where the actual deposit was made, etc. and gave them 10 days to produce the statements they promised me two months ago.

I appreciate all the insight I've gotten from this site. That is how I've gotten this far.

Yeah, I would almost imagine they could then take your bank info and use it to get themselves into your accounts. They can make it look like you provided it to *offer* them an automatic with drawl as a settlement. Get a lawyer.

you should go to your court clerk and see how to respond.again if not ordered by the court,then the defendent really doesn't have to provide the info requested.i would keep the letter and demand validation during the discovery phase.the demand by the JDB shows they have nothing to susbtanciate their suit.next motion for dismissal with prejudice.you don't need a lawyer for that.

I appreciate the information on the clerk of court. In my county, they are instructed to NEVER give any type of advice. When someone I know asked them a question, they were laughed at and told to get a lawyer.

Interesting question. The account I'm being sued for is solely in my name. Can the court force me to submit joint account information?

the thing is you are not asking for advice.you need information.if the court didn't send you the request.then you are under no legal obligation to respond,but you need to know how to file an answer.that's just common sense.they have to supply that information.that isn't advice.

Thank you. I hadn't considered it under those terms. If the attorney gets a motion to compel, (and I feel sure this loathsome human being will try), I will ask the clerk of court for instructions on how to file that answer.

I contacted the Clerk of Court. I was served with a motion to compel. I had a difficult time locating the time allotted for response. I called Clerk of Court and asked if I had 10 or 30 days to respond. I was told that was legal advice and they were not allowed to answer that question. They then advised if I didn't have my own attorney to contact the attorney who filed the motion and ask. Luckily I discovered it was 10 days and filed my answer on the last day.

I then sent a letter to the JDB attorney advising that if I didn't receive the documentation they've been promising me since April, I would file my own motion to compel. And I will.

I know I'm fighting a losing battle in the county where I live. The last case I was involved in the judge awarded to the Plaintiff with NO evidence, no contract, no witnesses.

Just trying to maintain until I can file bankruptcy so I can get my life back.