A Bogus Subpeona


#1

By he way…DH called Job #1 and told them NOT to send any info to this atty. Job #1 aggreed that it seemed “bogus”, however they do want for our attny. to send them a letter that stipulates that this indeed was in the “wrong”.


#2

Dear SLB02:

Greetings. WOW…that is really bad. I have never heard of such craziness. If you do have some form of litigation pending, I would file a motion for sanctions, otherwise, lean on your attorney’s advice on how to proceed. At a minimum, I would send her a letter pointing out her unprofessional behavior.

By the way, Job #1 is right in protecting themselves. Your attorney could also file a Motion to Quash and a Motion for Sanctions - which is what I would probably due - for the improper service of a subpoena. Thank you.

Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

ROSENDIVORCE.COM

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.


#3

My DH left job #1 to go to job #2.

His ex-wife hired an attny. that sent him 2 “threatening” letters for him to send her (the ex and her attny) his W-2, 1040, and all other sorts of financial info.

The attny. also sent a letter subpeoning Job #1 to provide EVERYTHING, including my DH’s W-2’s over the past 3 years, his contributions (401k, etc.) and bonuses.

We hired an attny ast weeek and the attny pointed out that this attny was in the wrong to send this, as this “subpeona” had no case # or file # in this letter. In short, there is no law suit, and therefore, she was doing something she shouldn’t have (the attny).

Is this something we, or our attny. should complain about to the state bar? Clarly, this was way out of line, and perhaps needs to be addressed to the Bar.

What do you think?

Thanks.