Utah Divorce Subpoena: Financial Institutions (Especially Banks and Credit Unions)

Getting documents from financial institutions is ultra-important in divorce cases. Unfortunately, getting those documents can be difficult, usually because you don't ask for everything, so you don't get everything.

This subpoena request is designed to solve that problem by requesting everything you could possibly need from banks and credit unions.

Subpoena

So, here you go. Hope it helps. (Excuse any minor formatting issues; it's hard to make things translate perfectly.)

All documents for all accounts bearing the signatory authority of XXXX and/or in the names(s) of XXXX, and/or in which XXXX has any named interest, and/or bearing the account number(s) (account numbers), from XXXX XX, XXXX through present/from XXXX XX, XXXX to XXXX XX, XXXX, including:

1.         All documents regarding all open or closed checking, savings, NOW, Time, or other deposit or checking accounts, including:

A.        Signature cards

B.        Corporate board authorization minutes or partnership resolutions

C.        Bank statements

D.        Canceled checks

E.        Deposit tickets

F.        Items deposited

G.        Credit and debit memos

H.        Form 1099, 1089, or back-up withholding documents

I.         Statements with current account amounts

2.         All documents regarding open or closed bank loans or mortgage documents, reflecting loans made to or co-signed by any of the named individuals or entities, including:

A.        Loan applications

B.        Corporate board authorization minutes or partnership resolutions

C.        Loan ledger sheets

D.     Documents (checks, debit memos, cash in tickets, wires in, etc.,) reflecting the means by which loan repayments were made

E.       Documents (bank checks, credit memos, cash out tickets, wires out, etc.,) reflecting disbursement of the loan proceeds

F.        Loan correspondence files, including:

I.         Letters to the bank

II         Letters from the bank

III.      Notes, memoranda, etc. to the file

G.        Collateral agreements and documents

H.        Credit reports

I.         Financial statements

J.         Notes or other instruments reflecting the obligation to pay

K.     Real estate mortgages, chattel mortgages, or other security instruments for loans

L.        Forms 1099, 1089, or back-up withholding documents

M.       Loan amortization statements

N.        Statements with current amounts outstanding

3.         All documents regarding Certificates of Deposit purchased or redeemed by any of the named individuals or entities, including:

A.        Copies of the certificates

B.        Corporate board authorization minutes or partnership resolutions

C.    Documents (checks, debit memos, cash in tickets, wires in, etc.) reflecting the means by which CDs were purchased

D.      Documents (bank checks, credit memos, cash out tickets, wires out, etc.) reflecting disbursement of the proceeds of any negotiated CDs

E.        Records reflecting interest earned, withdrawn or reinvested

F.        Records reflecting roll-overs

G.        Forms 1099, 1089, or back-up withholding documents

H.        Statements with current amounts invested

4.         All documents regarding open or closed investment or security custodian accounts, I.R.A.s, Keogh plans, mutual funds, 401(k)s, 403(b)s, 403(a)s, or other retirement plans and investments in the name of or for the benefit of any of the named individuals or entities, including:

A.     Documents (checks, debit memos, cash in tickets, wires in, etc.) reflecting the means by which the securities were purchased

B.       Documents (bank checks, credit memos, cash out tickets, wires out, etc.) reflecting disbursement of the proceeds of any negotiated securities

C.        Confirmation slips

D.        Monthly statements

E.        Payment receipts

F.        Safekeeping records and logs

G.        Receipts for receipt or delivery of securities

H.        Forms 1099, 1089, or back-up withholding documents

I.         Statements with current account values

5.         Customer correspondence files for each of the named individuals and entities.

6.         All documents regarding all Cashier's, Manager's, or Bank Checks, Traveler's Checks, and Money Orders purchased or negotiated by any of the named individuals or entities, including:

A.     Documents (checks, debit memos, cash in tickets, wires in, etc.) reflecting the means by which the checks or money orders were purchased

B.       Documents (bank checks, credit memos, cash out tickets, wires out, etc.) reflecting disbursements of the proceeds of any negotiated checks or money orders

C.        Applications for purchase of checks or money orders

D.        Retained copies of negotiated checks or money orders

7.         All documents regarding wire transfers sent or received by any of the names individuals or entities, including:

A.    Fed Wire, CHIPS, SWIFT, or other money transfer of message documents

B.     Documents (checks, debit memos, cash in tickets, wires in, etc.) reflecting the source of the funds wired out

C.       Documents (bank checks, credit memos, cash out tickets, wires out, etc.) reflecting the ultimate disposition within the bank of the funds wired in

D.        Notes, memoranda or other writings regarding the sending or receipt of wire transfers

8.       All documents regarding current or expired safe deposit box rentals by or under the signatory authority of any of the named individuals or entities, including:

A.        Contracts

B.        Entry records

9.        All documents regarding open or closed bank credit cards in the name of or under the signatory authority of any of the named individuals or entities, including:

A.        Applications for credit

B.        Corporate board authorization minutes or partnership resolutions

C.        Credit reports

D.        Monthly statements

E.        Financial statements

F.        Documents (checks, debit memos, cash in tickets, wires in, etc.) reflecting payments on the account

G.        Correspondence files

H.        Statements with current amounts due

10.      All CTRs (form 4789) and CMIRs (form 4790) filed with the Department of Treasury, Internal Revenue Service, or the United States Customs Service by your financial institution regarding currency transactions conducted by or on behalf of the named individuals or entities.

11.      All other information and documents regarding the named individuals or entities not specifically requested above. 

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