By: Robert J. Nahoum
If you have been served with an information subpoena in a consumer debt collection lawsuit, you may be wondering what it is and what you need to do to comply.
An information subpoena is a court order that requires you to provide information to the judgment creditor. A judgment creditor is someone who sued someone else and was awarded a money judgment. The information that you are required to provide is typically related to the debtor’s assets, income, financial affairs or anything else relevant to the satisfaction of a judgment.
Information subpoenas are governed by New York Civil Practice Law and Rules (CPLR) 5224. Under CPLR 5224, an information subpoena can be served on any person who may have knowledge of the debtor’s assets, income, or financial affairs.
The judgment creditor must have a reasonable belief that the person being served with the subpoena has the information that they are seeking. This belief can be based on any information that the judgment creditor has, including the debtor’s past financial transactions, employment history, or property ownership.
If you are served with an information subpoena, you must comply with the subpoena within 7 days of receiving it. You must provide your answers in writing and under oath. Your answers must be complete and truthful.
If you fail to comply with an information subpoena, you may be held in contempt of court. This could result in fines or even imprisonment.
What to Do If You Are Served with an Information Subpoena
If you are served with an information subpoena, you should take the following steps:
- Read the subpoena carefully. Make sure that you understand what information is being requested and the deadline for providing your answers.
- Contact the judgment creditor or their attorney. You may want to ask them why they are seeking the information and what they plan to do with it.
- Gather the information that is being requested. This may include financial statements, tax returns, employment records, or property ownership documents.
- Prepare your answers. Your answers should be complete and truthful. You may want to have an attorney review your answers before you submit them.
- Submit your answers to the judgment creditor or their attorney. You can do this by mail, fax, or email.
Information subpoenas are a powerful tool that can be used by judgment creditors to collect debts. If you are served with an information subpoena, you should take it seriously and comply with the subpoena promptly.
Here are some additional tips for complying with an information subpoena:
- Be sure to answer all of the questions that are asked.
- Provide complete and truthful information.
- If you do not have the information that is being requested, say so.
- If you have any questions about the subpoena, contact the judgment creditor or their attorney.
By following these tips, you can ensure that you comply with the subpoena and avoid any potential legal problems.
If you need help settling or defending a debt collection law suit, 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