Small Business Resources, Business Advice and Forms from AllBusiness.com

Handling a municipal subpoena.

Q. My bank received a subpoena from our municipal court. Do I need to ensure that the Right to Financial Privacy Act rules regarding customer notice are being followed?

A. Generally, the act requires that federal government agencies provide individuals with a notice and an opportunity

to object before a bank or other specified institution can disclose personal financial information to a federal government agency, often for Law enforcement purposes. The act only governs the federal government's access to consumer financial records. A municipal (state) court would not be subject to the act's restrictions.

That is not to say you should or should not comply with the subpoena. Your state Laws probably address what you must do. Contact your bank's counsel for guidance.

In addition, make sure to read these articles: