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violinsoy · Jun 23, 2012, 09:54 AM

I have a situation with my bank chase, that my entire financial records were distributed to my husband's ex and her lawyer. They have subpoena my bank for their child support modification case. I am a non party to this case and these children are not my biological, adoptive or any kind of god children. In fact I have never seen them for 3 years now thankfully. I hired a lawyer to quash the subpoena and before that was finalized, chase have released my entire account information with my account numbers and all accounts for last three years. My lawyer says we should ask for 50k for invading my privacy act. I think that is low. These records are out there now and maybe copied and who knows who is looking and/or using this information. I feel violated and the opposing lawyer and his ex is refusing to give the docs back, although it doesn't even matter, I am sure they have made tons of copies already. Advise please about the amount, if this is too modest.

JudyKayTee · Jun 23, 2012, 10:04 AM

Chase is legally required to follow the terms of a Sobpoena - were they in violation of the Subpoena? It is not the responsibility of Chase to verify the supporting documents.

Your argument is against the parties who prepared, signed and filed the supporting documents and Subpoena.

Fr_Chuck · Jun 23, 2012, 10:12 AM

If they had a subpoena to give your infoormation and you did not get a restraining order to stop the subpoena before the info was given out, there is no case.

In fact your bank account info can be very important to the case, they want to be sure your husband is not hiding or using your accounts to hide his money

I really don't see that you can get one penny if the court had ordered them to pay.

Is your attorney willing to try to get that 50,000 on a percent or will you be paying him by the hour,

violinsoy · Jun 23, 2012, 10:15 AM

Yes but I have a motion to quash the subpoena, so they are suppose to wait until that is resolved. It is NOT a question that they have done something wrong, they know that. I spoke to their subpoena analyst and the manager who is handling this. They were very apologetic. So, the question is my records are out there while the quash of subpoena pending and we will quash it, it is strait shot because in law I am not responsible for those children and they have no business in my financial records. Now we will go after this reckless wrong act against chase, just wondering what amount will be reasonable to request.

violinsoy · Jun 23, 2012, 10:19 AM

Some people answering don't understand the meaning of "quash subpoena" means that I am oppose for my bank to provide my sole account information. They have made a mistake by not waiting the result of this motion that I have filed.

Fr_Chuck · Jun 23, 2012, 10:32 AM

Was the bank serviced with the notice, you merely filing in court does not notify them that youi filed a motion ( which I doubt would have won anyway) but after you file, if the information is given out before they were served notice of your action.

So,
1. what day did they get served with notice to provide the info
2. what day did they provide the info
3. what day did they get served not to give the info till hearing.

The dates of service is what is at issue, those were not provided.

We know what it means but need the correct data

JudyKayTee · Jun 23, 2012, 10:49 AM

Originally Posted by violinsoy

Yes but i have a motion to quash the subpoena, so they are suppose to wait untill that is resolved. It is NOT a question that they have done something wrong, they know that. I spoke to their subpoena analyst and the manager who is handling this. they were very apologetic. So, the question is my records are out there while the quash of subpoena pending and we will quash it, it is strait shot because in law I am not responsible for those children and they have no business in my financial records. Now we will go after this reckless wrong act against chase, just wondering what amount will be reasonable to request.

First, you have an Attorney. That's the person who knows if and how you were harmed.

Was Chase aware that there was a Motion to Squash the Subpoena?

I don't know that it's a "strait shot." I'm still reading that the Subpoena was served and Chase acted on it. Then it comes down to, was Chase notified of the Motion to Squash?

JudyKayTee · Jun 23, 2012, 10:52 AM

Originally Posted by violinsoy

some people answering don't understand the meaning of "quash subpoena" means that I am oppose for my bank to provide my sole account information. they have made a mistake by not waiting the result of this motion that i have filed.

Your posts are hard to read. "I am oppose"?"

At any rate "some people" understand full well the meaning of "quash subpoena." It's a Motion to QUASH a SUBPOENA.

Was Chase aware of the Motion when the info was released. That's not a terribly difficult question.

Yes, if Chase KNEW the Motion had been filed and released the info, Chase has a problem.

On the other hand - the parties responsible for the initial Subpoena had a legal duty to verify their info. They swore to Affidavits which apparently were not true and those Affidavits led to the issuance of the Subpoena.

violinsoy · Jun 23, 2012, 11:22 AM

Originally Posted by JudyKayTee

Your posts are hard to read. "I am oppose"?"

At any rate "some people" understand full well the meaning of "quash subpoena." It's a Motion to SQUASH a SUBPOENA.

Was Chase aware of the Motion when the info was released. That's not a terribly difficult question.

Yes, if Chase KNEW the Motion had been filed and released the info, Chase has a problem.

On the other hand - the parties responsible for the initial Subpoena had a legal duty to verify their info. They swore to Affidavits which apparently were not true and those Affidavits led to the issuance of the Subpoena.

Ok, Let me clarify. I have received a letter stating the ex's lawyer subpoenaed my bank accounts. I filed motion to quash the subpoena two weeks later and my lawyer sent the files to chase and at that point we knew our case manager. She was the one actually recommend me to hire a lawyer to quash the subpoena, so I have done that. Later I have called and verified with her, that the motion to quash subpoena was received and they would NOT release any info to third party unless the motion is denied. The motion to quash is still pending till today. My lawyer have received the receipt that my motion was received. So they know they have made a mistake that someone from their head quarter have sent the info accidentally.
So, chase is liable for sharing my personal info to a third party.
Even, if there was a subpoena approved they have to examine my records in a private room, with no cameras and lawyers and judge only. My husbands ex have admitted "under oath" that she has my docs and have access to them.
So, this is irrelevant but for the records, she is a greedy, free loader, who obviously thinks that I will support her kids. That is not going to happen, I work 16 hours a day most days, and weekends. She is sitting at home and begging for money. Not to mention that she has committed adultery in her marriage with numerous people and got pregnant with second child who is not even my husband's child and he is obligated to pay child support. She is constantly sueing him for money and more...

JudyKayTee · Jun 23, 2012, 12:10 PM

Just so I have the time frame. The Subpoena was served on Chase. Two weeks later the Motion was made and served on Chase.

Chase had not released any of your records.

AFTER being served the Motion Chase ID release your records - ?

The first wife does not work, committed adultery when married to your husband and was married to him when she had another man's child, a child your husband now pays for.

Yes, I'd be pretty upset, too.

You work 80 hours a workday week PLUS weekends. What State?

If you know - why were YOUR records subpoenaed? The supporting Affidavits had to give a reason.

violinsoy · Jun 23, 2012, 12:26 PM

Yes, they know quash of subpoena was pending and they did admit they have made a mistake and asked her lawyer for returning all the docs back... too late of course. I work in GA, professor, high school teacher, classical musician and my side businesses. This woman is crazy and I will fight till the end for my rights. I don't care about their affairs before me but I have simply want to have nothing to do with her & children. I have to protect myself and my privacy. She has sued my husband for every little scratch that happened during visitations in the past and threading to sue everyone around him for child abuse etc... My husband don't see them due to some domestic issues. I personally don't want to see these kids ever and/or have anything to do with her. Can I ask court for an protection order for holding my docs illegally as well?

JudyKayTee · Jun 23, 2012, 12:32 PM

Originally Posted by violinsoy

Yes, they know quash of subpoena was pending and they did admit they have made a mistake and asked her lawyer for returning all the docs back... too late of course. I work in GA, professor, high school teacher, classical musician and my side businesses. This woman is crazy and I will fight till the end for my rights. I don't care about their affairs before me but I have simply want to have nothing to do with her & children. I have to protect my self and my privacy. She has sued my husband for every little scratch that happened during visitations in the past and threading to sue everyone around him for child abuse etc... My husband don't see them due to some domestic issues. I personally don't want to see these kids ever and/or have anything to do with her. Can I ask court for an protection order for holding my docs illegally as well?

An Order of Protection against her? If you have grounds, sure.

In NY the Subpoena is "live" until NOTICE is received that a Motion has been made - how was the Bank notified? Your Attorney, the Court? I can't understand why it took two weeks before the Motion was filed. I'm amazed that the records weren't released immediately.

Or was this a Subpoena Duces Tecum - bring the documents to Court with a representative (loosely).

AK lawyer · Jun 23, 2012, 03:14 PM

Originally Posted by violinsoy

... My lawyer says we should ask for 50k for invading my privacy act. I think that is low. ... Advise please about the amount, if this is too modest.

Everyone else seems to be missing the point of your question. I think that if your lawyer can get $50K out of this you will have made out like a bandit. Go for it!

Fr_Chuck · Jun 23, 2012, 03:25 PM

I guess we are arguing that there is no case, ( that will be up to the court) Since no dates for both service and date information was given was told to us, that will be the jest of the case.

If the material was given after the service of the second motion, there is a case, if the material was already given out before the second service there is not case.

But I assume her attorney has seen proof of all of the service and dates. I still don't see 50,000 but if you can get it go for it.

JudyKayTee · Jun 23, 2012, 03:30 PM

I think before anyone gives her $50,000 - or sues for $50,000 - somebody should make sure the proper procedure was followed. I'm not seeing that clearly.

"AK," do you? What am I missing?

This opens up the whole - if I had a nickel for every time I was told someone WAS going to do something I'd have a bunch of nickels. Is calling Chase and saying, "We're filing a Motion" sufficient, particularly 2 weeks after the Subpoena was served?

Fr_Chuck · Jun 23, 2012, 03:56 PM

Yes, even her attorney calling someone at chase and saying that they are filing, is worthless, they have to be served paper work, That date of legal service is the real issue.
I asked that at the very first, no answer was given. All I see is that someone called a person at Chase and told them. That has no legal standing at all.

AK lawyer · Jun 23, 2012, 05:33 PM

Originally Posted by JudyKayTee

I think before anyone gives her $50,000 - or sues for $50,000 - somebody should make sure the proper procedure was followed. I'm not seeing that clearly.

"AK," do you? What am I missing? ...

The proper procedure, in my experience, would be to serve on Chase Bank a subpoena duces tecum for a records deposition at a specific time. Before that time, OP's attorney would need to have obtained a protective order, order to quash subpoena, or whatever, and served in on Chase. If the protective order is made before the deposition, the order controls; if not Chase discloses the information. Different jurisdictions, however might do things differently.

My point was that OP's attorney should know better than us if the proper procedure was followed.

But I do not see $50,000 in damages. Any damages are extremely improbable. If OP's ex, or the ex's attorneys see the financial information, that is one thing. But I just don't see their broadcasting it to the world, and even if they did, that doesn't make it a done deal that identity theft or something will occur. So, if the attorney can get that kind of money, more power to him or her.

JudyKayTee · Jun 23, 2012, 06:09 PM

- Thanks. I sort of had it. (That's like sort of missing the target.)