This page explains New York law. An information subpoena is how a judgment creditor finds out what a debtor owns and where it is. The court system's CourtHelp guide describes it as a legal document that orders the debtor, or others, to answer questions about where the debtor's assets are, and gives examples of who may receive one: an employer, the telephone company, a landlord or a bank. Information subpoenas are among the enforcement tools KOR Law LLP's post-judgment defense practice handles. For how they fit with the creditor's other steps, see what happens after a money judgment is entered against you in New York.
What kinds of post-judgment subpoenas are there?
At any time before a judgment is satisfied or vacated, the creditor may compel disclosure of "all matter relevant to the satisfaction of the judgment" by serving a subpoena on any person (CPLR 5223). The subpoena must state the parties, the court, the date and amount of the judgment and the amount still due, and it must warn that false swearing or failure to comply is punishable as contempt. CPLR 5224 lists three kinds:
| Kind | What it requires | Timing |
|---|---|---|
| Information subpoena | Written answers under oath to written questions, each answered separately and fully, returned with the original questions | Within 7 days after receipt |
| Subpoena to testify | Attend a deposition on oral or written questions | On at least 10 days' notice, unless the court orders shorter |
| Subpoena duces tecum | Produce books and papers for examination | On at least 10 days' notice, unless the court orders shorter |
An information subpoena must come with an original and a copy of the written questions and a prepaid, addressed return envelope, and it may be served by registered or certified mail, return receipt requested (CPLR 5224(a)(3)). An individual answers personally; for a corporation, partnership or sole proprietorship, an officer, director, agent or employee who has the information answers. With the recipient's written consent, it may be served and answered electronically, also within seven days (CPLR 5224(a)(4)). A judgment debtor, and anyone served with an information subpoena, is not entitled to a fee (CPLR 5224(b)). A document subpoena served on a debtor reaches records in the debtor's possession, custody or control whether they are in New York or elsewhere (CPLR 5224(a-1)). CourtHelp adds that a creditor without a lawyer must have the court clerk sign the information subpoena, and that the standard form asks different questions of the debtor and of other people.
What extra rules protect banks, employers and relatives?
When a private judgment creditor serves an information subpoena on someone other than the debtor, CPLR 5224(a)(3) adds four rules:
- The creditor or its attorney must have a reasonable belief that the recipient has information about the debtor that will help collect the judgment.
- The subpoena must contain a signed certification, in the statute's words, stating that it complies with CPLR 5224 and General Business Law section 601 and that the signer has that reasonable belief. Without it, the subpoena "shall be deemed null and void."
- A recipient may move to quash the subpoena under CPLR 2304, in the court that issued the underlying judgment. CPLR 2304 says such a motion must be made promptly.
- Failure to comply is handled under CPLR 2308(b), again in the court that issued the judgment. There, a court that finds the subpoena authorized orders compliance and may impose costs of up to $50, and the recipient can owe a penalty of up to $50 plus any damages the failure caused (CPLR 2308(b)(1)).
These third-party rules do not apply where the creditor is the state, a municipality or one of their agencies or officers. A bank or employer that answers is often the first link in a chain: a disclosed workplace can lead to an income execution, described in how much of your wages a creditor can take in New York.
What if you are called to testify?
A subpoena to testify brings you to a deposition, a session where you answer questions under oath. CPLR 5224 sets the ground rules. The examination is held during business hours, on at least ten days' notice unless the court orders shorter notice (CPLR 5224(c)). You are put under oath, and cross-examination is not limited to the subjects raised on direct questioning. Objections are noted on the record and the deposition goes on, subject to the right to ask the court for a protective order (CPLR 5224(d)). If you do not understand English, the creditor must provide a translation at its own expense. You may be asked to read and sign the transcript, noting any changes and your reasons (CPLR 5224(e)). A person other than the debtor who is subpoenaed to testify or to produce papers must be paid travel expenses and a day's witness fee in advance (CPLR 5224(b)).
Repeat examinations are limited. Within one year after an examination of the debtor ends, the creditor needs the court's permission to compel the debtor to testify again, or to produce papers again, on the same judgment (CPLR 5224(f)).
What happens if you do not answer?
The CourtHelp guide tells creditors that if a person or corporation does not answer an information subpoena, the creditor can make a motion for contempt, and that the court can fine or jail the person or corporation until the subpoena is answered. False answers carry the same risk: CPLR 5251 makes refusal to obey a subpoena, and false swearing in answering written questions, punishable as contempt of court. Ignoring the subpoena exposes a debtor to that risk. The better course is to answer accurately, or to go to court first if there is a real problem with the subpoena.
Can a debtor limit what has to be disclosed?
CPLR 5240 lets the court, on its own initiative or the motion of any interested person, deny, limit, condition, regulate, extend or modify the use of any enforcement procedure, and that includes subpoenas. A debtor facing repeated or overlapping subpoenas, or demands far beyond what the creditor needs, can ask for that kind of order, described in whether a court can limit or stop a creditor's collection efforts. Answering does not mean giving up protections: money and property that are exempt stay exempt even after the debtor discloses them, as explained in what property a New York judgment creditor cannot take.
Sworn answers often lead directly to the next enforcement step. A disclosed bank account, for example, can become the target of a restraining notice; if that happens, see what to do when your New York bank account is frozen by a restraining notice.
What changes the answer for you?
- Whether you are the debtor. The reasonable-belief and certification rules protect only recipients other than the debtor (CPLR 5224(a)(3)(i) and (ii)). A debtor's route to limit a subpoena is a protective order under CPLR 5240.
- Who the creditor is. When the state, a municipality or one of their agencies or officers is the creditor, the third-party certification rules do not apply (CPLR 5224(a)(3)).
- Whether the recipient is a business. For a corporation, partnership or sole proprietorship, an officer, director, agent or employee with the information answers (CPLR 5224(a)(3)), and a document subpoena reaches records kept outside New York (CPLR 5224(a-1)).
- How it was served. Mail service must be registered or certified, return receipt requested; electronic service needs your written consent (CPLR 5224(a)(3), (4)).
- A recent examination. A second deposition of the debtor within a year needs court permission (CPLR 5224(f)).
- The status of the judgment. The power to compel disclosure lasts only until the judgment is satisfied or vacated (CPLR 5223).
For example: a debtor and her sister both receive subpoenas
For example, imagine a small business owner with a judgment against her on a personal credit line. (This is a made-up illustration, not a real client or result.) On a Thursday she signs for a certified letter holding an information subpoena, the written questions in two copies and a prepaid return envelope. Her answers are due seven days after receipt, so by the following Thursday. The same week her sister receives an information subpoena about her, with no signed certification on it. Because the sister is not the debtor, that subpoena is null and void under CPLR 5224(a)(3)(ii).
The owner answers each question separately, under oath, and lists her checking account, her car and the co-op she lives in. She notes that her checking account receives only her wages. She mails the answers with the original questions and keeps a copy and the mailing receipt. Two weeks later a subpoena to testify arrives, setting a deposition at least ten days out during business hours. She brings the papers it requests and answers truthfully. Any objections are noted on the record, and she considers a motion under CPLR 5240 if the questions go far past what the creditor needs. Disclosing the co-op does not remove any homestead protection it has.
Common mistakes with an information subpoena
- Counting from the wrong day. The seven days run from receipt (CPLR 5224(a)(3)). Note the date you signed for the letter.
- Answering by phone. A call to the creditor's lawyer is not an answer. Answers must be written, under oath, and returned with the original questions.
- Giving vague or incomplete answers. Each question must be answered separately and fully, and false swearing is punishable as contempt (CPLR 5251).
- Leaving out exempt property. Disclose it and say why it is exempt. Disclosure does not waive an exemption; a home, for instance, may be protected, as explained in whether the homestead exemption protects a co-op apartment.
- Moving assets after receiving it. Transfers can be challenged and can create new problems. Our debtor and creditor practice handles fraudulent conveyance claims.
- Waiting to object. A motion to quash must be made promptly (CPLR 2304), so raise a problem with the subpoena before the seven days run, not after.
What to do this week
- Write down the date you received it. The seven days run from receipt. Keep it with your other enforcement papers; a list is in what to gather when a creditor starts enforcing a judgment.
- Check who sent it and whether it names the right judgment, court and debtor.
- If you are not the debtor, check for the signed certification.
- Answer each question separately and fully, under oath, and return the original questions with your answers in the envelope provided.
- Keep a complete copy of what you sent and proof of mailing.
- Do not move or give away assets after receiving it.
Frequently asked questions
Is an information subpoena the same as a restraining notice?
No. An information subpoena asks questions about the debtor's money and property (CPLR 5224). A restraining notice freezes property, such as a bank account, and forbids transfers until the judgment is satisfied or vacated or the restraint expires (CPLR 5222). The two often arrive close together.
Do I have to disclose my home if I own one?
Yes, if a question asks about real property, because each question must be answered fully. Disclosure does not change the property's legal status. A docketed judgment may already be a lien on real property in that county (CPLR 5203(a)), which matters if you plan to sell; see whether you can sell or refinance with a judgment lien.
Can I be jailed for not answering?
The CourtHelp guide says the court can fine or jail a person or corporation until an information subpoena is answered, after the creditor makes a motion for contempt. Answering accurately, or asking the court for relief before the deadline, avoids that risk.
Which court hears a challenge to the subpoena?
A third party's motion to quash, and a motion over a failure to comply, go to the court that issued the underlying judgment (CPLR 5224(a)(3)(iii), (iv)). For a Supreme Court judgment against someone in Brooklyn, see how judgment enforcement works for a Brooklyn (Kings County) resident.
What if I never knew there was a lawsuit?
A subpoena can be the first sign of a default judgment. Answer it on time, and separately look into whether the judgment can be vacated under CPLR 5015; the routes are in whether you can undo a default judgment in New York.
Can a creditor keep sending subpoenas?
The creditor may use disclosure until the judgment is satisfied or vacated (CPLR 5223), but a repeat deposition of the debtor within a year needs court permission (CPLR 5224(f)). For repeated information subpoenas or overlapping demands, the court can limit or condition their use under CPLR 5240.