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Lender Policies and Procedures for Subpoenas, Summons and Third-Party Demand Requests


Lenders and financial institutions are regularly hit with legal orders, whether through a subpoena, summons, garnishment, or third-party demand for records. These requests come fast and furious, and often lenders are "damned if they do, damned if they don't." Failure to adequately respond to an order or miss a deadline, can result in substantial penalties for the lender. Alternatively, turn over too much information and lenders run the risk of being hit with a malicious prosecution action by the borrower.

This webinar will provide  an overview of national trends in demand requests and key state-by-state differences in lender responsibilities, as well as first-person accounts about what has – and hasn't – worked in regard to demand requests.

This webinar will cover the following:

  • Overview of the various types of demand requests: subpoenas, summons, garnishments, third-party demand requests

  • Discussion of state-by-state differences in processes/procedures for handling demand requests

  • Special considerations for demands by local, state or federal entities (state attorneys general, DOJ, IRS, etc.)

  • Top 5 pitfalls that banks are experiencing in regard to demand requests

  • Guidance on how to respond to last-minute subpoenas or garnishments to avoid sanctions or other repercussions

  • The importance of account documentation, signatures, and call logs for current and past customers in the event of litigation

  • Strategies for how to be more proactive in handling demand requests

The live presentation of this webinar was approved for 1.0 hour general CLE credit in California and Illinois and 1.2 hours of general CLE credit in Missouri. CLE credit is no longer available for this recording.

Chris Hohn
Matt Guletz
Maria Zschoche


Originally Presented:
February 13, 2018