Dealing with Out of State subpoena


#1

I am a NC resident.

My Girlfriend’s Ex-husband has filed a child support case against her in NJ. His council is threatening to subpoena my financial/income records. NJ rules don’t account for a boyfriends nor spouses income to be computed for child support so they not appear to have much basis for the information to start with.

If I receive a request (or example a letter) for information from them should I even acknowledge it or should I write them back telling them no thanks?

If they do subpoena will be I getting it from a North Carolina or New Jersey? I am assuming NC, if that is the case can I move to Quash it in the NC court? Should I just file it and leave it alone, or should I schedule a hearing and request attorney fees?


#2

If you receive an out-of-state subpoena, your attendance is not mandatory and it is generally permissible to disregard the subpoena, however it is usually best to consult with an attorney before simply ignoring it. You can also move to quash it, but that would happen in an NJ court, not an NC court.