TDCAA Community
Paying for Production of Bank Records

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/3737092316

April 04, 2014, 16:48
CRT
Paying for Production of Bank Records
There use to be an exception for paying for production of bank records when the investigation was by a governmental agency involved in a criminal investigation. 30.007 of the Civil Prac and Rem Code. That has been changed to the Finance code, but I cannot find the exception language. Does anyone know the statute or citation? Thanks!
April 06, 2014, 21:52
Adam Poole
I think you are looking for Finance Code 125.402 and 125.403.

Every time I've received a bill for the production of records I've cited attorney general opinion JC0181 and the business or hospital has voided it. It deals with grand jury subpoenas but its the same argument for court subpoenas as well.

https://www.texasattorneygener.../2000/htm/jc0181.htm.

If they refuse to produce records without payment then the solution is simple. Remind them that the subpoena is a requirement to bring the original documents to court and sending copies instead is just another means of complying. Set a hearing date and inform them they need to appear with the originals instead. I bet you will get your record then.
April 07, 2014, 10:50
CRT
Thanks, just for what I was looking!!