NJSBA Family Law Section

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  • 1.  Out-of-State Bank Which Does Business in NJ Refusing to Honor Subpoena

    Posted 11-09-2021 02:21 PM
    Is out of state bank that does business in New Jersey (i.e., bank used by divorce litigant in business) subject to subpoena?

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    Charles Vuotto Esq.
    Starr, Gern, Davison & Rubin, P.C.
    Roseland NJ
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  • 2.  RE: Out-of-State Bank Which Does Business in NJ Refusing to Honor Subpoena

    Posted 11-09-2021 03:13 PM

    If the bank does business in NJ they must be authorized by the DOBI and if they have an office (situs) that the litigant to the divorce did business, then they are subject to subpoena. In order to do business, they have to accept service within the state.

    You can serve the local bank (they will then probably send it to the legal department, but service is still valid).

     


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  • 3.  RE: Out-of-State Bank Which Does Business in NJ Refusing to Honor Subpoena

    Posted 11-09-2021 03:16 PM

    Yes,  an out of state bank that does business (has customers) in NJ is subject to long arm jurisdiction of a subpoena. If its small bank, they still might contest, but the law is on your side.

    Tom

     

    Thomas R. King, Esq

    O: 973-750-8348 Fax: 888-576-8997
    www.njfamily.law - www.njdivorce.law - www.thomaskingesq.com

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