Legal Question in Credit and Debt Law in New York

answering a subpoena

In 2001 I was granted a judgment against a former friend and business client for an amount in excess of $700,000.00. At this time she was also involved in a divorce. She sold her house and I received partial payment. I also received real estate in West Va. which was sold in June, 2003 At a later date her husband received a judement against her. Today I received a subpoena, Him V Her, stating that I have to produce all records concerning my indebtedness to the judgment debtor and all money received from the West VA. property. To me this is all past history and I no longer have any records concerning my collection of debt. This all happened over 7 years ago. What should I do when I answer the subpoena. Am I required by law to keep this type of record indefinitely. What can happen to me if I no longer have the records that they are telling me to bring. Thank you for any assistance that you can give in this matter.


Asked on 1/14/09, 8:56 pm

2 Answers from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: answering a subpoena

I do agree with the answer posed by Peter Moulinos.

You are under no obligation to produce records which you don't have. However, the husband's attorney has no knowledge that you don't have the records.

He sould be notified that you don't have the records anymore.

To me, the most important question is - did you receive all the money is due you? You can use the information received from the husbands attorney to further your quest to obtain reimbursement for your judgment.

If you would like to discuss the matter further, please feel free to contact me.

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Answered on 1/19/09, 7:22 pm
Peter Moulinos Moulinos & Associates LLC

Re: answering a subpoena

You should retain an attorney to answer the subpoena for you. The circumstances of the subpoena and the ongoing action will dictate how you should respond. While its good practice to keep such records, you are not required to by law.

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Answered on 1/15/09, 8:36 am


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