If I represent myself in a civil lawsuit will I be able to file any documents that will allow me access to the defendant’s banking information?

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If I represent myself in a civil lawsuit will I be able to file any documents that will allow me access to the defendant’s banking information?

 That is – balance of the accounts, both personal and business. This is a breach of contract case.

Asked on January 19, 2012 under Bankruptcy Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

IF the information is relevant to the case, you may be able to get it. However, in most breach of contract cases, it's not relevant--at least not until if and after you win, if the defendant does not pay. After all, for a breach of contract case, typically all that's relevant are the terms of the contract and the performance required under it; if the defendant's banking information is not relevant to proving that they are liable  under the contract, then you could not get it at this stage. (If you win and they don't pay, then you may later be able to get it, so as to levy on a bank account to collect your money.)

If the banking information were relevant to proving your case, then you should be able to get it, or least that portion of the information which is relevant. You would use written interrogatories and notices to produce documents to the defendant, and possibly a subpoena to his bank, to get the information.


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