NJSBA Family Law Section

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  • 1.  Financial investigator

    Posted 06-15-2015 12:24 PM

     

    hello. Is there someone anyone can recommend who is a financial detective or investigator? it seems ex husband has more assets or income or business interests than he admits, but its post judgment so I can just send out subpoenas and I can seek the opportunity to seek discovery from the court but the client wants to hire someone to immediately catch him in a lie.   

    I accidentily sent this post to "certified attorneys"  but I meant it to go to family law attys, so some people may have gotten it twice.  Sorry. 



    ------------------------------
    Brian Winters Esq.
    Bradley Beach NJ
    (732)774-1212
    ------------------------------



  • 2.  RE: Financial investigator

    Posted 06-15-2015 01:12 PM
    Bari Kroll from B. Lauren Investigations. We involved her in a highly contentious case where the husband was living a double-life. I was extremely impressed with the assets/income she was able to uncover. Her reports are extremely thorough.

    http://www.blaureninvestigations.com/about/


    Original Message


  • 3.  RE: Financial investigator

    Posted 06-15-2015 01:24 PM
    Does anyone know the current COLA? I need to make an adjustment.
    Thanks.

    Wendy Ezor Engler
    Attorney At Law
    2 University Plaza, Suite 300
    Hackensack, NJ 07601
    tel: 201-488-7001
    fax: 201-488-8860

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    In a message dated 6/15/2015 1:12:39 P.M. Eastern Daylight Time,
    [email protected] writes:

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    (http://community.njsba.com/network/members/profile/?UserKey=165e6002-7e6c-4e17-bbdf-867ac3192a2b) Jun 15, 2015 1:12 PM _Melissa Ruvolo, Esq_
    (http://
    community.njsba.com/network/members/profile/?UserKey=165e6002-7e6c-4e17-bbdf-867ac3192a2b) Bari Kroll from B. Lauren Investigations. We
    involved her in a highly contentious case where the husband was living a
    double-life. I was extremely impressed with the assets/income she was able
    to uncover. Her reports are extremely thorough.

    http://www.blaureninvestigations.com/about/

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    Message------

    hello. Is there someone anyone can recommend who is a financial detective
    or investigator? it seems ex husband has more assets or income or business
    interests than he admits, but its post judgment so I can just send out
    subpoenas and I can seek the opportunity to seek discovery from the court but
    the client wants to hire someone to immediately catch him in a lie.
    I accidentily sent this post to "certified attorneys" but I meant it to
    go to family law attys, so some people may have gotten it twice. Sorry.


    ------------------------------
    Brian Winters Esq.
    Bradley Beach NJ
    (732)774-1212
    ------------------------------


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    Original Message


  • 4.  RE: Financial investigator

    Posted 06-15-2015 01:40 PM
    It depends on the region. I think it was about 3%. You should double check this by following these steps:


    1. Visit the Bureau of Labor Statistics Website: http://www.bls.gov/cpi/

    2. At the bottom right of the screen, there is a "Regional Resources" tool. Select your region. If the client lives in any part of New Jersey other than Atlantic City, select New York. If the client lives in Atlantic City, select Philadelphia.

    3. A table will appear, select the "more formatting" option. Then select "12 month percent change". Specify the 2 year range. Select "annual data" for time period. Finally, click on "Retrieve Data." For example, the 2009 average change in the Consumer Price Index (CPI) was .4 and in 2010, it was 1.7. Therefore, the total change was 2.1% for the 2 year period.

    Hope this helps.


    Original Message


  • 5.  RE: Financial investigator

    Posted 06-15-2015 01:45 PM
    I believe you must obtain leave of court before you can send out subponeas
    in a post judgment case. You may want to check on that.

    Roz

    Rosalyn A. Metzger LLC
    Attorney-Mediator
    P. O. Box 5104
    One Leigh Street
    Clinton, New Jersey 08809
    (908) 238-0099
    [email protected]
    www.mediate.com/rmetzger

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  • 6.  RE: Financial investigator

    Posted 06-15-2015 02:14 PM

    I agree with Roz's statement 100%.  I thought what you'd written was a typo, but re-read your sentence.

    If you send out postjudgment subpoenas without leave of the court, you absolutely will have them quashed and will be sanctioned via a counsel fee award.  No question.  I'm the appellate division on this issue and have been briefing it today (in reference to a judge who felt was still no authority to issue subpoenas even after a post-judgment hearing was ordered, even after the below was presented as part of a reconsideration motion and quashed subpoenas and issued sanctions).  I'll put the law below (which, I'm seriously hoping, the App Div agrees with), take the time to read it and pull the Welch and Cavallaro cases.  You need to have authority to issue them, and you need to make sure they are worded 100% correctly.  Play with this at your peril.

    ------------------------------
    - Dave

    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    Voice: 609-737-2222
    Fax: 609-737-3222
    ------------------------------



            The Court ruled that its order for discovery and a hearing did not authorize the issuance of postjudgment subpoenas.  In so ruling, the Court relied on Welch v. Welch, 401 N.J. Super. 438, 447-48 (Ch. Div. 2008) .
            It is respectfully asserted that the Court misread Welch and that this error of law warrants reconsideration of the resulting decision.  Welch holds that the mere filing of a post-judgment motion does not create subpoena authority.  It (along with) every case citing it distinguish this from a matter where (as here) a post-judgment hearing has been ordered and deposition authority granted.  See, e.g., Hirl v. Bank of Am., N.A., 401N.J.Super. 573, 581, 952 A.2d 479 (App.Div.2008)   ("A discovery subpoena may be issued only in connection with a scheduled deposition of the subpoenaed person.... Subpoenas duces tecum issued without prior court authorization for purposes of discovery prior to initiation of a post-judgment proceeding are prohibited).  See also, Marquez v. Cabrera, No. A-1286-09T3 Decided July 15, 2010) https://scholar.google.com/scholar_case?case=10285654930180844196 ("Cabrera was not entitled to subpoena the notary until such time as a plenary hearing was ordered.", emphasis supplied), Croghan v. Croghan, No. A-2389-11T4 & A-5590-11T4 https://scholar.google.com/scholar_case?case=8656318502682836214 (Decided June 13, 2013).
            Here, a deposition subpoena pursuant to Rule 4:14-7 was issued in accordance with the Court's order and a post-judgment proceeding is scheduled.  Rule 4:14-7(c) affirms that a deposition subpoena "may command the person to whom it is directed to produce designated books, papers, documents or other objects which constitute or contain evidence relating to all matters within the scope of examination permitted by R. 4:10-2."
            As a matter of law, the scheduling of a plenary hearing and the issuance of an order providing for post-judgment discovery including depositions provides authority for the issuance of subpoenas. 



  • 7.  RE: Financial investigator

    Posted 06-15-2015 02:54 PM
    Right, typo. Can't send out subpoenas , not can.

    Brian Winters, Esq.
    Keith, Winters & Wenning, LLC
    Main St. & LaReine Ave
    Bradley Beach, N.J. 07720
    [email protected]
    732 774 1212 (w)
    732 500 5401 (c)


    Original Message


  • 8.  RE: Financial investigator

    Posted 06-15-2015 03:18 PM


    Actually, Brian, not to contradict myself (or both of us and Roz), having just read Croghan, you can still issue an information subpoena.  So I guess it depends on what you're seeking and/or whether ex-H has arrears or is in default:

    Defendant's apparent reliance on Welch v. Welch, 401 N.J. Super. 438, 444 (Ch. Div. 2008)for his challenge to plaintiff's counsel's use of the information subpoena is misplaced. There an attorney improperly issued a subpoena duces tecum for police records in a custody matter without leave of court as required by Rule 5:5-1. Id. at 442. However, in the context of enforcing judgments, a different rule applies. Rule 6:7-2(b) provides that "[a]n information subpoena may be served upon the judgment debtor, without leave of court[.]" "[P]ast-due child support payments are a judgment by operation of law on or after the date due[.]" R. 5:7-5(g). As the information subpoena was properly issued, there is no basis in law to sanction plaintiff's attorney for zealously representing her client in seeking collection of the significant outstanding support and alimony arrears.

    https://scholar.google.com/scholar_case?case=8656318502682836214:


    ----------------------------------------
    David Perry Davis, Esq.
    112 West Franklin Avenue
    Pennington, NJ 08534
    www.FamilyLawNJ.pro
    Voice: 609-737-2222
    Fax: 609-737-3222
    ----------------------------------------