[artychic]

Chase bank was presented a subpoena for all records of my ex. The bank says they will give these records to the court when found, but only if I pay them. Is this legal? Also, there have been various answers as to whether banks have to retain records forever.

[JudyKayTee]

Where? It varies by State.

Who gave you "various" answers? The Bank?

[artychic]

Where? It varies by State.

Who gave you "various" answers? The Bank?

I'm in CA. Different banks have given my different answers, along with a couple of attorneys.

[cep822]

It depends on the kinds of records (as far as keeping them).

I was in a similar situation in regards to requesting bank records. In my case, they provided them at no charge, since if we did not get the documents, a bank representative would have been required to travel down to our hearing to testify about them. However, I do think it's within their purveyance to ask for fees in obtaining the documents. I work in product liability litigation for a corporation right now, and we often request a fee for obtaining documents for unrelated cases, as I am a paid full time employee and I use time I am getting paid for company work to get the documents requested. Hence the company will bill the lawyer for my time.

But, those are just my experiences. I do not know if it is the same in CA.

[AK lawyer]

First, you would have to review the California Civil Code, to see what if anything it says.

Here it is:

"2020.430. (a) Except as provided in subdivision (e), if a
deposition subpoena commands only the production of business records
for copying, the custodian of the records or other qualified person
shall, in person, by messenger, or by mail, deliver both of the
following only to the deposition officer specified in the subpoena:
(1) A true, legible, and durable copy of the records.
(2) An affidavit in compliance with Section 1561 of the Evidence
Code.
(b) If the delivery required by subdivision (a) is made to the
office of the deposition officer, the records shall be enclosed,
sealed, and directed as described in subdivision (c) of Section 1560
of the Evidence Code.
(c) If the delivery required by subdivision (a) is made at the
office of the business whose records are the subject of the
deposition subpoena, the custodian of those records or other
qualified person shall do one of the following:
(1) Permit the deposition officer specified in the deposition
subpoena to make a copy of the originals of the designated business
records during normal business hours, as defined in subdivision (e)
of Section 1560 of the Evidence Code.
(2) Deliver to the deposition officer a true, legible, and durable
copy of the records on receipt of payment in cash or by check, by or
on behalf of the party serving the deposition subpoena, of the
reasonable costs of preparing that copy, together with an itemized
statement of the cost of preparation, as determined under subdivision
(b) of Section 1563 of the Evidence Code. This copy need not be
delivered in a sealed envelope.
..."

So yes, the bank certainly can charge you.