Legal Question in Credit and Debt Law in New York

Information Subpoena

My son (age 23) has a debt he refuses to pay (about $3000.00). He is currently living with me but my wife and I are in no way connected to his debt.

We received an information subpoena in which we are to answer questions about our son.

The subpoena arrived via registered mail, but my son signed for it.

The return address is for a law firm.

There is no seal , judge's signature or any thing else to indicate to me that this is an official court document.

Could it be that this law firm trying to 'scare' me into giving them information?

If I am legally bound to respond, how much do I tell them? (they probibally know more about his financial dealings than I do)

For instance they want 'the names of nearest relatives AND their home addresses'. That seems absurd to me.

Thanks for your advice.


Asked on 2/19/02, 12:42 pm

1 Answer from Attorneys
Kenneth J. Ashman Ashman Law Offices, LLC

Re: Information Subpoena

If a lawsuit has been filed against your son, an attorney does not need a court-seal or judge's signature to issue a subpoena. If the subpoena is invalid, what would typically happen, where the subpoenaed individual is aligned with one party, is for that party to move to quash the subpoena. Otherwise, the subpoenaed person would be required to provide truthful information.

-- Kenneth J. Ashman; Ashman Law Offices, LLC; [email protected]

NOTE: The information contained herein is for general information purposes only. Nothing should be relied upon other than for general information and no attorney-client relationship has been created.

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Answered on 2/19/02, 3:55 pm


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