QUESTION

Can an attorney in a civil matter demand information like tax documents?

Asked on Mar 05th, 2014 on Civil Litigation - North Dakota
More details to this question:
At the beginning of 2012 my house was in foreclosure. I was working out of state and had come to the conclusion that there was little I could do to save my house. My employer at the time offered to help to pay what was owed to avoid foreclosure. Nothing was mentioned about paying the money back and later we were told by the husband of the couple that "God had provided very well for them and that in turn God expected them to help other people and that he did not want the money back." Shortly after that the wife of the couple insisted that we sign a piece of paper stating that we had borrowed the money. I was working for her at the time and it was very hard to do, so I quit in October of 2012. Since then their attorney has been harassing us nonstop asking for tax returns, etc.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
It is unclear whether no lawsuit has yet been filed, if you are still in litigation, or whether there has already been a litigation which resulted in a judgment against you.  If you have not yet been sued, and have no agreement obligating you to show your tax returns to the other side, you have no obligation to do so.  Of course, it may be that the attorney is demanding your tax returns because his client won't sue you if you can demonstrate that you don't have significant financial resouces, in which case refusing the demand can result in you getting sued. If you are in litigation, litigants are entitled to see the other side's documents that are relevant to the case.  However, even if the tax returns would be relevant, they are usually (but not always) protected from discovery.  Other financial information, however, again assuming it is relevant, is usually fair game. If a judgment has been entered against you and has not been paid, the judgment creditor is entitled to get discovery about your financial situation in an attempt to locate assets which can be used to satisfy the judgment.  In this context, you may be required to produce your tax records.
Answered on Mar 05th, 2014 at 3:59 PM

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