Subpoena of Bank Records

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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).


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