Legal Question in Civil Litigation in Maine

My husband is taking a former employer to court over 1800 dollars owed to him. They have a lawyer and the lawyer said that she is going to contact the IRS and our bank for records for 3 years. He only worked for this company for 7 weeks. First we don't understand why she thinks she needs our records at all and second does she have the right to do so with out his concent?

Thank You

The Drinkwaters


Asked on 3/20/10, 5:05 pm

1 Answer from Attorneys

Jerome Gamache Ainsworth Thelin & Raftice, P.A.

Each party in a lawsuit has the right to seek discovery related to the issues in the case. Since I do not know the issues in your case I do not know if the Bank records and prior tax returns of your husband are reasonably related to the lawsuit now pending. If they are not reasonably realted you need to write to the Court and request a discovery conference to bring the dispute in front of a Judge. If the Judge agrees with you that is the way to block this discovery. Arguing with the other atty will not accomplish anything if it is really just a harassment tactic. The power of a subpoena can be used in discovery to obtain documents from 3rd parties without your consent. If your husband is seeking back salary/benefits, then the statute allows him to recover atty fees if he wins and even penalizes the employer beyond the atty fees and actual damages, so perhaps this is a case you should take to a lawyer before things go too far.

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Answered on 3/26/10, 5:22 am


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