Cana bankrefuse to comply with a subpoena that I had served on it, due to my inability to pay $250 for the records requested?

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Cana bankrefuse to comply with a subpoena that I had served on it, due to my inability to pay $250 for the records requested?

I am representing myself in a divorce case in MA. I am unemployed and I cannot afford to pay the fee Bank of America is requesting to provide these records that could be essential for my case.

Asked on October 22, 2010 under Family Law, Massachusetts

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are different types of subpoenas and the laws in each state differ so the best person to answer this would be an attorney in Massachusetts.  All states have judicial subpoenas, which would require that the agency or party served with the subpoena send the record to the court to be readied for trial. This makes sure that the records go directly form the party to the courthouse and not through anyone else so that they can not be altered in any way.  These subpoenas are so ordered by judges and generally there is not a fee.  Failure to comply is contempt of court.  Speak with the Judge's law secretary assigned to your case and ask what can be done.  Maybe you can file for indigent status for fees.  Good luck. 


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