What to do about a subpoena that I received for bank documents?

I have just been served a subpoena for bank documents. The plaintiff is a credit card company. The debt is over 10 years old and no longer appears on my credit report. I cannot find any information regarding the debt. Should I contact the plaintiff’s lawyer and request documentation, including a signed agreement, before turning over any information? Is there a statute of limitations that I should be aware of? This is the first notice I have received and only have 3 weeks to comply.

Asked on July 20, 2012 under Bankruptcy Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The best thing for you to do is to consult with an attorney that practices civil litigation to assist you. If you are a defendant in the matter you are writing about, there is a good chance that the claim that is over ten (10) years old is time barred by your state's statute of limitations.

I suggest that if you do not have an attorney representing you that you contact the plaintiff's attorney for an agreement that whatever bank documents you provide that they are solely for the subject litigation and nothing else. In your response to the subpoena you should state that some of the requested documents are simply not in your possession, custody or control.


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