trapper
recently joined
Reged: 05/22/06
Posts: 16
Loc: ill.
|
|
ok, first i live in IL. filed for divorce in IL. I need to know how to go about having a subpoena file for income,expenses and assets info from the stbx, her sworn affidavit of income,expenses,assets was 6 pages of bull.I know she is hiding cash and other income, plus her expenses are only a third of what she put down. can anyone help
|
almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
|
|
Socrateaser's 'How to Subpoena Like a Lawyer'
1. Go to or call the court clerk and ask them if they have
Subpoena Ducus Tecum blanks that you can use. If they do,
great, if not, then...
2. Go to the county law library (usually right by or in the county courthouse).
3. Ask the librarian to show you where the books of standard
legal pleading forms are.
4. Look up Subpoena Ducus Tecum (du-kuss Te-cum). It means
come to court and bring this S!@#$% with you.
5. You will fill in the name of the case (Mr. Smith vs. Ms. Smith, or whatever) your case number, and underneath the case number in the big blank space, you will type Subpoena Ducus Tecum (unless the form has it there already.
Then down in the body section you will type something like this:
'From the People of the State of YOURSTATE, TO:'
After the TO: you have a choice. If you know the name of the
person you wish to subpoena type their name in. If you DON'T
know their name, find out the official name of the corporation that employes the 'ex' and type that name in. Following that type:
'On ??/??/?? at ??:?? AM/PM, in Department ?? of the YOURCOUNTY Court of the State of YOURSTATE, you are hereby ordered to produce as a witness, the supervisor or manager of the person in your employ named 'PBFH,' and the person most knowledgeable regarding this employee's benefits, as well as the following records:
1. Employee Benefits manual.
2. PBFH's employment and payroll records.
3. The attendance log or signature sheet, used by your business to maintain a record of the children in your control, for the dates from ??/??/?? through ??/??/??.'
6. By now, you should be getting the idea. Anyway, this document can be issued by the court clerk, and then must be served by you with a proof of service (another form that you can get at the courthouse or law library, by having someone other than a party to the case, deliver it to the corporate
headquarters in your state of the business you're trying to serve. If it's a small business, you can hand it to anyone that's an employee, but preferably the daycare center's manager.
7. You can do the same thing to the PBFH by serving her at her house or at work, ordering her to bring all her cancelled checks for the last year, for instance.
8. Depending on your states rules of civil procedure, you may have to pay witness fees (usually around $50 a person), but you can do this after they appear.
8. Alternatively, if you think this is too tough to handle, you can hire an attorney to issue the things for you. It'll probably cost you a couple of hours of the attorneys time to do it, that way, cause the lawyers going to want you to explain enough of the situation to fill out the subpoena accurately.
good luck
--------------------
Char Fox
|
trapper
recently joined
Reged: 05/22/06
Posts: 16
Loc: ill.
|
|
Thank you for your help, I have a Attorney and i've told her all about the bs affidavit. For some reason she act like it wasn't importunate, and it wouldn't be if it was just a hundred or so. But its over 15 thousand
thank you again
|
almostheaven
Carpal \'Tunnel
Reged: 07/13/04
Posts: 10468
Loc: West Virginia
|
|
She probably told you it wasn't important because that information is not going to make a lot of difference in the outcome. They often get the parties to complete these long drawn out income/expense sheets, but then the court doesn't really use them for anything. I think they're used mostly as an intimidation maneuver.
--------------------
Char Fox
|
|
0 registered and 0 anonymous users are browsing this forum.
Moderator:
Print Topic
|
Forum Permissions
You cannot start new topics
You cannot reply to topics
HTML is disabled
UBBCode is enabled
|
Rating:
Topic views: 2539
|
|
|
|
|
|
UBB.threads™ 6.5.1.1
|
Easily Connect With a Lawyer or Mediator
Have Divorce Professionals from Your Area Contact You!
|
|
|
|
|
Previous
Index
Next
Threaded
Edit
Reply
Quote
