How to Answer an Information Subpoena

By: Robert J. Nahoum

How to Answer an Information Subpoena

You come home to find a notice from the post office that you have certified mail waiting for you.  You retrieve the certified mail, open the envelope and find a court document called an “Information Subpoena”.  As it turns out, you have a default judgment entered against you for an old debt.

The law allows judgment creditors who have won a debt collection judgment to serve an information subpoena on anyone it has a reason to believe has information relevant to the satisfaction of the judgment.  Information subpoenas are often served on friends, family and employers.  The information subpoena asks questions about your income, assets and property, where you work and where you live.

You have seven days to return your answer the attorney for the judgment creditor.  Failure to answer the Information Subpoena may result in contempt of court; although, it rarely does. More often, the Court will give you a second chance to comply before it issues an order of contempt.

Your answer to the information subpoena is a sworn statement like an affidavit.  Meaning, you must tell the truth in your answers.  If you are not truthful, it may be considered a perjury and subject you to contempt of court.

If you are broke, out of work, on social security, disability or unemployment and you have no non-exempt assets then you are what is called “judgment proof”.  That means that there simply is nothing the debt collector can take from you – you can’t get blood from a stone.  If you are judgment proof, show it to the judgment creditor by answering the Information Subpoena truthfully.

If you are not judgment proof and you do have income or assets, you are required to disclose this in your answers to the information subpoena.  To avoid answering these questions you can make a motion by order to show cause to vacate the judgment.

Whatever course you take, you are always bettered protected when you are represented by a skilled and experienced attorney.  Consider speaking with a debt defense attorney to better understand your options and the cost of defense.

If you need help settling or defending a debt collection lawsuit, stopping harassing debt collectors or suing a debt collector, contact us today to see what we can do for you.

The Law Offices of Robert J. Nahoum, P.C
(845) 232-0202
www.nahoumlaw.com
info@nahoumlaw.com

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