Can Plaintiff subpoena bank records for cancelled checks?
As I said in a previous post (which I was still writing when you answered), the judge, by giving the order to produce, is assuming that the plaintiff has assignment. Producing records showing payments on the account along with the judge believing that the plaintiff has assignment would be a death blow to the op’s case. I agree that something went wrong at the op’s trial/hearing for the judge to issue the order. If the op had persuraded the judge that the plaintiff did not submit proper assignment then the judge should have given an order for the plaintiff to provide proper assignment, not for the op to give up its financial records. By objecting to the order the op can again bring the issue of assignment up and the judge will need to explain why it thinks that the assignment is valid. Of course, the judge can just overrule the objection without explanation but this will create grounds for an appeal.
