Do I have to appear in the attorney office with my bank statements if I was subpeona by an attoney for a businesss I have nothing to do with?
Question Details:
My brother was trying to purchase a car dealership and the deal fell through. Now the attorney for the other person wants me and my mother to bring all of our bank statements from May 2008 forward, info on houses that we own, and if we have any LLC where we own 50% or more. I did not sign any documents with my brother or the dealership so why would my information be in question. We do not have money for an attorney and I do not think I should have to hand over my personal information when I was not involved with the dealership. Are they just trying to find out what we have and why?
Hello. I am a Maryland barred attorney. Attorneys commonly use discovery to get information from non-parties by subpoena, so that in and of itself is not terribly unusual. However, seeking all financial records in the name of someone who is not even a party is rather unusual. Are you named in the lawsuit or just a witness? Is there a judgment against you or has the case not gone to trial yet?
A subpoena is a court order, so you must comply or get the court's permission to do otherwise. If you fail to obey a subpoena, you could be held in contempt of court (in worst case, jailed). You may want to immediately seek a protective order or try to get the subpoena kicked out. In some cases even if an attorney is not able to work entirely for free (pro bono) on your case, you may want to ask if they are willing to represent you for a reduced fee based on your income and the circumstances.
Under the circumstances, I also don't understand why you would be required to appear and present such information. Clearly, there is more to this story. At any rate, if you have been subpoenaed, this is a court order so you must go and bring all requested documents.
However, you really should have legal representation on this. Since money is an issue, see if you qualify for assistance by Legal Aid or see if they can recommend someone to help you. Also, check if there is a law school nearby to where you live; they typically run free/low cost clinics that handle these type cases. Additionally, can contact the local Bar Association in your county; they may have a list of lawyers who will take your case "pro bono" (for free) or at least for a reduced fee.
Do your best to consult with an attorney before you have to appear.
