I need to prepare an information subpoena.
How do I write questions to a bank to find out what assets a debtor has? How do I write questions to a debtor to find out if the debtor has any vehicles, bank accounts, or possessions that could be applied to satisfy my judgment against the debtor?
Answer
CPLR 5224 Subpoena procedure and General Business Law 601 Prohibited practices govern information subpoenas.
See the attached file to link to court issued information subpoena forms. The CLS forms and the NYC Small Claims Court Information subpoenas have the opening and closing clauses for an information affidavit. The plaintiff must swear that the subpoena complies with the General Business Law. The sample forms in Westlaw and Lexis are geared toward requesting information about a debtor from a bank. The Court Help website suggests methods to investigate a debtor’s assets, but an information subpoena is basically an interrogatory to discover assets. People want suggestions on what to look for and how to phrase the question. Bender’s Forms of Discovery Interrogatories, Ch 69 Earnings, Income and Assets provides sample questions.
Lower Court Acts § 1812(d) and § 1812-A of the CCA, UDCA, and UCCA, the Small Claims Court Clerk’s office must provide information subpoenas forms and assist the creditor in filling out the form.
Helpful instruction and background on an information subpoena can be read in New York Small Claims Manual §I.P.3.c Execution of the judgment on property of the debtor; it is available free of charge in public access law libraries.