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Member |
Our office has received two invoices in the past week from a bank and a hospital for fees relating to the preparation of documents in response to a grand jury subpoena. Does anyone have a standard letter which you send to these places with an explanation as to why we will not pay the fees? And is there a definitive statute and/or case which allows us to refuse to pay their fees? Any help is greatly appreciated. | ||
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Member |
I don't have a letter but you can copy and send them an AG opinion that states they may not recover costs associated with compliance with a GJ subpoena. Tex. Atty. Gen Op. JC-0181 from 2000 Regarding records from financial institutions, see also Texas Civil Practice and Remedies Code, volume 2, Section 30.007(b)(3), wherein it states in relevant part that: ...[this section] does not apply to...(3)a record request from or report to a government agency arising out of the investigation or prosecution of a criminal offense. Hope this helps. | |||
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Member |
Coming your way. | |||
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Member |
No taking is involved, so this a public duty cost properly imposed on the bank. But, guess who actually pays these costs. Preston | |||
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Administrator Member |
Other helpful posts from the past on this topic include: Grand Jury Subpoena and Invoice for Payment (2008) Bill for Medical Records from UTMB (2006) | |||
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Member |
What do you mean, Martin? In this case the Bank ended up eating the cost, although I suspect it is far smaller than what they were seeking. | |||
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Member |
Can someone send this letter to me as well. Just got a similar call from a phone company ending with "...oh you will pay!" | |||
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