Legal Question in Credit and Debt Law in New York
Unanswered Information Subpoena
I have sent an info subpoena (certifed mail) to a company I believe has info on the judgment debtor, which has gone unanswered. I asked the district court clerk how I should proceed next, but he advised me that the district court doesn't usually get involved after the subpoena has been signed and mailed. How do I proceed to compel the company to comply with the subpoena? The clerk muttered something about a motion to punish? Is this the only way, and how is it done? And do I have to travel back to court again to appear?
1 Answer from Attorneys
Re: Unanswered Information Subpoena
First step is to call them or write a letter asking why they haven't replied. Yes, a motion to punish for contempt is the proper way to enforce an info subpoena. Realistically, I've never sen any "punishment" for this, the Court usually tells them to answer, or they in fact answer before the motion is to be heard in court.