Legal Question in Credit and Debt Law in Oregon
Can i subpoena a judgement debtors bank records?
I am in NY and recieved a 450K judgement against an oregon corporation and the individual who runs this coporation (pierced the corp veil). I hired a company in oregon to try to collect but they have come up with nothing but registering the judgement in oregon, they were not able to serve him for a debtor hearing because he is so slippery. I know he has assets in fact I located a bank account in Portland which seems to be a holding account for my defendant. He deposits one check the 1st week of every month for 9K into the account and it is cleared the following week leaving a zero balance. I found out he maintains offices in a class A building where he apparently is never seen entering which has a rent for roughly 9K.
I need to know if there is anyway i can subpoena the bank, to find out who is giving him this 9K without notifying the judgement debtor?
Abe
2 Answers from Attorneys
Re: Can i subpoena a judgement debtors bank records?
I sent you an email on this moments ago.
I answered that YES, you may subpoena the bank records and, if the subpoena is issued by a judge rather than an 'attorney subpoena', you may include an order to prevent the bank from informing the debtor of the action.
I mentioned also the complication of the NY law on subpoena's performed outside the state of NY. NY uses the arcane 'letters rogatory' rather than a normal subpoena. It's more complicated, but the same process.
I can go over this in more detail in person, and the consultation is free.
You are welcome to a consultation at no fee at my offices at 42 west 44th st., NY,NY. Please call for an appointment first. (646) 591-5786
Re: Can i subpoena a judgement debtors bank records?
If you have a judgment in ORegon, you can prepare and serve bank subpoenas on the bank when the funds are deposited that should hold the funds...as a matter of reality you can't keep the bank from telling the debtor because there is no way to physically prevent it...so forget about the court order someone else mentioned...it would be a waste of time. But, by the same token, who cares if they know...you also can grab the 9K the debtor gets from the office income by having someone go there and serve the tenants with subpoenas...money owed to him has to be redirected to you and THERE IS NOTHING HE CAN DO ABOUT...can't default his tenants or whoever he is getting funds from...that's the law. I would like to know what you did to pierce the corporate veil...that is not an easy thing to do...did you do it yourself or did you have counsel? If you had counsel, I would think that would be a good starting place to proceed...
Guy Lewit
718-788-7825
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