Good day,
We are preparing for ED trial and I’m concerned that my lawyer has not done due diligence in finding accounts and assets. My ex has not returned the discovery paperwork requested for businesses and personal accounts. I also believe that she has assets and investments that I do not know of. I feel that my lawyer is trusting too much that my ex will turn in everything or what exactly is asked. I had to request for my lawyer to subpoena banks that I know of that she has. I’m sure there are other banks or hidden accounts and assets. The discovery motion requested all documents but how will we know for sure my ex doesn’t hide anything?
If discovery was served on your spouse (i.e. interrogatories and/or requests for production of documents and things) and your spouse has not produced everything that you know exists, then your lawyer can file a motion to compel against your spouse which asks the court to order her/compel her to provide the documents or risk going to jail for contempt of court.
Subpoenas also work to gather information as long as the financial institution is located in NC or they have a registered agent in NC. Otherwise a NC subpoena is unenforceable out of state.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
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