Legal Question in Credit and Debt Law in New York

I received a notice of motion regarding a judgement summary against me. The plaintiff (bank) was awarded the summary judgement against me and sent me a document stated questions and answers in connection with information subpoena. I was never served a subpoena but did fill out the questioneer (bank info etc) and returned it in their preaddressed envelope. I now received a notice of motion for contempt of court related to the question and answer form for non-compliance. What happens if I do not appear at this court date? I will be filing bankruptcy in the next 3 months. The judgement is for defaulting on my home equity loan (the house is in foreclosure) this is in NY.


Asked on 4/25/11, 1:24 pm

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. What happens if I do not appear at this court date?

A. Generally, non-compliance with a subpoena causes a motion to compel and not contempt. However, I would file an affidavit stating that you complied with the subpoena. The affidavit must be served and filed before the court date. I would also appear at the court date to explain that you complied with the subpoena.

Mike.

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Answered on 4/25/11, 2:02 pm


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