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Legal

 

SUBPOENA POLICY

Crescent Bank is committed to protecting the privacy of our customers. Please read the following carefully prior to issuing and/or submitting an information request. The Gramm-Leach-Bliley Act (15 U.S.C. § 6801 et seq.), the Right to Financial Privacy Act of 1978 (12 U.S.C. § 3401 et seq.), and other relevant state and federal privacy laws prohibit the release of customer or account information without express permission from the customer, except when required by law or to comply with legal process that is properly served upon Crescent Bank.

Service of Subpoenas

Service of process must be made in full compliance with applicable law. Crescent Bank does not as a practice accept service of process by any means not specifically authorized including email or fax. Please be advised that Crescent Bank is a Louisiana state-chartered financial institution and is bound by the privacy restrictions and procedural requirements regarding financial information requests pursuant to LA R.S. § 6:333, which in many cases may require personal service, rather than service by mail to the person whose financial information is being requested. Failure to meet those requirements, as well as any other compliance requirements, found in the Right to Financial Privacy Act, as applicable, will result in Crescent Bank’s counsel denying the information request, which will likely cause you additional delay.

Subpoena requests should be directed to our Legal Department at:

Crescent Bank
2121 Airline Drive, Fourth Floor
Metairie, LA 70001
ATTN: Legal Department

Alternatively, if permitted by applicable law, subpoenas can be directed to the Crescent Bank agent for service of process, CT Corporation, in states where Crescent Bank is registered.

Subpoena Questions, Status Updates, and Other Inquiries

For additional information regarding subpoenas for documents, witnesses, or follow-up questions, please email us at subpoenas@cbtno.com. This email address will direct your message to our Legal Department personnel managing information requests. Please do not contact Crescent Bank’s Customer Service, as those staff members do not handle questions regarding subpoenas or legal inquiries. Please also note that Crescent Bank’s legal staff cannot answer questions regarding compliance with applicable law. We advise you to seek any legal advice from your counsel.

Response Time

Under Louisiana law, Crescent Bank is entitled to a reasonable period of time prior to the return date, and in no event less than fifteen (15) business days prior thereto, in which to disclose financial records which are the subject of a request. In general, a response may reasonably take from 30-45 days to complete; however, this time may vary depending the complexity of the request. For this reason, we advise you to limit the scope of your request in order to reduce the time it takes us to respond. Other limitations may apply pursuant to the Right to Financial Privacy Act, to the extent applicable.

Fee Reimbursement

Crescent Bank reserves its right to be reimbursed for our expenses related to a request prior to providing the requested information and to withhold disclosure prior to such reimbursement. By law, Crescent Bank is entitled to internal and external costs incurred in the course of compliance with the request, including but not limited to document reproduction costs, research and processing costs, personnel costs, and travel expenses, whether any or all such costs are internal costs or are costs incurred by the bank in favor of a person acting on behalf of or performing services for the bank. If the bank and the requesting party disagree as to the amount of the fees and costs to be reimbursed to the bank under this Section, the bank need not produce the financial records, until the court or other appropriate body issuing the disclosure demand has fixed the amount to be paid to the bank upon a motion of any party or the bank. The court or other appropriate body, in its discretion, may order a contradictory hearing to fix the fees and costs to be reimbursed.

Except as otherwise permitted by law, Crescent Bank’s subpoena compliance fees are as follows:

  • Research Costs — $22.00/hour
  • Per Page Copying Costs — $0.25 per page
  • Cost of encrypted USB flash drive (if paper is not produced) — $25 per 8gb flash drive

GARNISHMENTS AND LEVIES

Legal requests that involve the turnover of funds should be sent to the Legal Department at the address above. Please be advised that while Crescent Bank participates in indirect lending across the country, it has a very limited number of deposit accounts outside of Louisiana. In order to save time and expense, it is best to perform adequate research regarding assets prior to submitting a garnishment or levy.