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    bill89432's Avatar
    bill89432 Posts: 1, Reputation: 1
    New Member
    		  
    #1

    Nov 29, 2006, 10:00 PM
    Rules of subpoena for records
    What are the rules for subpoena of personal records, my wife has been divorced for 5 years and all of a sudden her ex husbands attorney has frozen her 401 k by subpoena under the guise of preparing a QDRO that was never ordered by the court. The original QDRO was filed and accepted by the court in 2003. We were never notified of this action nor is it listed on the court doc list available online to us. Is this possible and how do we combat this we live in Nevada
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
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    #2

    Nov 30, 2006, 05:51 AM
    Go to the court and request a copy of the case. It is public information.

    Contact and attorney, file Motion to quash the subpeona, lack of proper service, lack of jurisdiction. This will prevent them from moving forward with anything until you have a chance to be heard.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #3

    Nov 30, 2006, 07:09 AM
    You can also request that the plan administrator provide you with a copy of the order. They can't take any action without one.
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