You cannot collect a judgment from assets you cannot find. The information subpoena is the legal tool that forces a debtor, and the banks and others who deal with the debtor, to reveal where the money and property are. It is the foundation of effective judgment enforcement. Call 212-233-1233 to locate a debtor's assets.
What an Information Subpoena Does
Under CPLR 5224, a judgment creditor may serve an information subpoena with written questions on the debtor or on any person or entity believed to have information about the debtor's assets. The recipient is legally required to answer the questions under oath and return them within seven days. Refusing to respond can lead to a contempt motion and sanctions.
Who Can Be Served
The power of the information subpoena is that it reaches well beyond the debtor. We can serve it on:
- The judgment debtor directly
- Banks and credit unions, to identify accounts and balances
- Employers, to confirm wages for an income execution
- Business partners, customers, and tenants who owe the debtor money
- Other third parties who hold or control the debtor's property
What We Learn
The answers reveal the targets for enforcement: bank accounts to freeze with a restraining notice and levy, wages to reach through an income execution, real estate to lien, and other property to seize. In effect, the subpoena turns a blind collection effort into a targeted one.
Deposition of the Debtor
When written questions are not enough, New York also allows the judgment creditor to compel the debtor to appear for a deposition and to produce documents such as bank statements and tax returns. This is especially useful when a debtor is hiding assets or routing money through other names and entities.
Enforcing Compliance
A debtor or bank that ignores an information subpoena is not off the hook. We move to compel a response and, where warranted, ask the court to hold the non-responding party in contempt. The obligation to answer is enforceable, and we make sure it is taken seriously.
To investigate a debtor's assets, call 212-233-1233 or email [email protected].
