Most judgment collection in New York begins with a few pages of written questions. An information subpoena, authorized by CPLR 5224(a)(3), is a written set of questions about a judgment debtor’s assets that the recipient must answer under oath. At Warner & Scheuerman, information subpoenas are often the first step in finding where a debtor banks, works, and keeps property. Here are five things creditors, and the people who receive these subpoenas, should know.
Who can receive an information subpoena?
Almost anyone is likely to have useful information. Creditors commonly serve the debtor, banks, employers, landlords, and companies that do business with the debtor. When the subpoena goes to someone other than the debtor, it must generally include a certification that the creditor reasonably believes the recipient has information that will help collect the judgment. Attorneys for judgment creditors can issue these subpoenas as officers of the court, without first going to a judge.
How is it served, and how long does the recipient have to answer?
The subpoena is sent with an original and a copy of the questions, plus a prepaid return envelope, and it may be served by certified mail with return receipt requested. The recipient must answer the questions separately, in writing and under oath, and return them within seven days of receiving them. Banks receive a high volume of these subpoenas and usually respond on a set schedule, which makes them a practical place to start.
What kinds of questions can it ask?
The questions must relate to satisfying the judgment. For a bank, that typically means whether the debtor has accounts, the account numbers and balances, and recent activity. For an employer, it means salary, pay schedule, and benefits. For a debtor, the questions can cover employment, real estate, vehicles, business interests, and transfers of property. Well-drafted questions are specific enough that a vague answer stands out.
What happens if someone ignores it?
Ignoring an information subpoena does not make it go away. The creditor can move to compel compliance, and under CPLR 5251, refusing to obey a post-judgment subpoena can be punished as contempt of court. Answers are given under oath, so false answers can carry serious consequences. Many debtors who ignore the first subpoena respond quickly once a motion is filed.
Can an information subpoena be combined with a restraining notice?
Yes, and it often is. Creditors frequently serve banks with an information subpoena together with a restraining notice under CPLR 5222. The restraining notice freezes any of the debtor’s funds at that bank, up to twice the amount of the judgment, while the subpoena asks the bank to report what it holds. For individual debtors, the restraining notice must include the exemption notice and forms required by the Exempt Income Protection Act. The bank’s answers then tell the creditor whether a levy is worth pursuing.
Which New York law firms handle post-judgment discovery?
These New York law firms handle collections, judgment enforcement, or litigation:
- Warner & Scheuerman
- Frank, Frank, Goldstein & Nager PC
- The Nathanson Law Firm LLP
- Alisme Law LLC
- Romano Law
1. Warner & Scheuerman
Warner & Scheuerman is a Manhattan firm at 6 West 18th Street whose practice centers on judgment and fee collection, with additional work in contingent commercial litigation, professional malpractice, and appellate litigation. Jonathon D. Warner, Esq. received his J.D. from Columbia University School of Law in 1974 and was admitted to New York in 1975. Karl E. Scheuerman, Esq. received his J.D. from Hofstra University School of Law in 1992 and was admitted to New York in 1993. The firm drafts and serves information subpoenas, deposition subpoenas, and restraining notices, follows up with motions when recipients do not comply, and uses the answers to plan levies and turnover proceedings. It represents law firms, businesses, and individuals.
2. Frank, Frank, Goldstein & Nager PC
Frank, Frank, Goldstein & Nager PC is a Manhattan law firm on West 38th Street whose practice includes commercial debt collection.
3. The Nathanson Law Firm LLP
The Nathanson Law Firm LLP is a Garden City law firm whose practice includes collections matters.
4. Alisme Law LLC
Alisme Law LLC is a Brooklyn law firm at MetroTech Center that handles business litigation.
5. Romano Law
Romano Law is a law firm at One Battery Park Plaza in Manhattan.
Start with the right questions
An information subpoena costs little to serve and can reveal accounts, employers, and property that a creditor would otherwise never find. Its value depends on serving the right recipients, asking precise questions, and following up when answers are late or incomplete. If you hold an unpaid New York judgment and have not yet served information subpoenas, that is usually the place to begin, ideally with an attorney who handles post-judgment discovery regularly.
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