Subpoena of Bank Records

UPDATED: Sep 30, 2022

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Subpoena of Bank Records

I took over management of a taxi company in November of 2016. The previous
manager left on really bad terms. I had been working as a driver since June of
2014. In May of 2015, that manager added me, and another driver to the business
license without our knowledge. Which made transferring business licenses,
insurance, building lease, and things along those lines easy. But I’m missing
three months worth of bank statements to be able to file taxes. I was never on
the bank account, so they cannot provide them to me and the previous manager
refuses to give them to us. What do I need to do to subpoena the records?

Asked on February 23, 2017 under Business Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You need to file a lawsuit against the previous manager: subpoenas (or other "discovery" mechanisms, or ways to get information, such as written interrogatories [questions] or document requests) can only be issued by a private citizen in the context of a lawsuit or legal action, and then only if the documents or information requested is/are relevant to the suit in some way. So if you were to sue the previous manager, you could enforceably request the documents from him (such as with a document production request) and/or supoena the bank. You'd need a basis to sue him, of course, such as breach of contract (not doing or providing everything he'd agreed to), or fraud (lying about something important, like the business financials), or theft (taking business records).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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