After a judgment has been entered against a defendant (the party being sued) the plaintiff (the party doing the suing) is provided with a variety of devices to assist in satisfying the judgment including freezing bank accounts, garnisheeing wages and auctioning property. However, the plaintiff (also known as a “judgment creditor” after the judgment has been entered) isn’t immediately aware of the defendant’s (also known as a judgment debtor after the judgment is entered) assets or income. The judgment creditor may conduct an investigation into the location and extent of the plaintiff’s assets and income. The primary mechanism for such an investigation is the “Information Subpoena”.
The law allows the judgment creditor to serve an information subpoena on anyone it has a reason to think might have information about the judgment debtor’s ability to satisfy the judgment including friends and family.
The information subpoena must be delivered by certified mail return receipt requested and asks specific questions about the judgment debtor’s assets and income such as “where does the judgment debtor work” and “with what institution(s) does the judgment debtor hold a bank account”.
The recipient of an information subpoena has seven days to return answers to 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 the recipient a second chance to comply before it issues an order of contempt.
If you have questions, concerns, or legal needs regarding an information subpoena, we urge you to contact The Law Offices of Robert J. Nahoum, P.C. today by calling 845-232-0202.