Legal Question in Credit and Debt Law in New York

Jdgment

I have a judgment against me that resulted from a landlord tenate despute.The landlords lawyer keeps serving me with subpenas for aq deposition in his office.It is my understanding that I am only required by law to answer 16 questions on a information subpena.Depositions are to obtain information before a trial.Also I am being held charged with contemped of court for not answering the subpena.I also believe that i am intitled to a hearing to give my reason for not responding to the subpenas.Do i have to make an appearance in the lawyers office?


Asked on 1/02/07, 6:28 am

2 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: Jdgment

Your failure to answer the lawful subpoenas can result in an order of commitment from the court which might result in your arrest.

Good Luck

RRG

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Answered on 1/02/07, 8:52 am
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Jdgment

I actually never heard of a limitation on the number of questions that can be asked on a post judgment subpoena. The attorney has the right to demand you appear for a post judgment deposition. A deposition is a proceeding where the opposition can ask questions directly to you while you are on a witness stand under oath, before a Judge and with a court reporter taking down your statements. There is nothing that limits a deposition to before trial. If you do not appear and you do not file a motion to QUASH the subpoena, you can be held in contempt and arrested under a civil warrant and actually incarcerated until you comply! Most times they just fine you...which means nothing if the judgment creditor cannot collect the $$.

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Answered on 1/02/07, 1:41 pm


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