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  Home >> Special Situations >> Deceased Individuals  
Bank Refuses to Comply with Subpoena

Our ninety-four year old dad died recently. Someone other than he was having large ACH payments taken out of his account to go to someone's BOA Visa. Our dad never signed up for ACH payments, nor did he ever have a Visa or MC. The bank has refused to surrender any information, even with a subpoena, stating it is Bank A's problem not Bank B's, where the check originated. Where do we get this information?


You have apparently already started some form of legal process against the bank regarding those payments, and a subpoena has been issued. Your best course of action is for your attorney to take appropriate action under state law to enforce the subpoena against the bank. Courts generally don't take it lightly when a subpoena is not complied with by the recipient.
Published on BankingQuestions.com 6/23/10