Legal Question in Bankruptcy in California

You can only produce what you have in your possession. You should not be held liable for failing to produce documents in response to the subpoena if you do not have them in your possession. I would call the attorney who issued the subpoena and have a conversation about the this. Emails often times get overlooked, or not followed up on. With any luck, after discussing it with the attorney, he will cancel the deposition based on your representations and may ask you to sign a declaration to that effect. More likely, however, is that you will have to attend the deposition, and under oath explain that you do not in any way have access to the requested documents. You are still probably going to be asked questions about other matters under oath, and based on the limited facts you have given, I don't see any basis to object to being deposed.

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