I need to prepare an information subpoena.
What is an information subpoena? How do I write one? Is there a form I can use?
Answer
When you win a money judgment in civil court, you become the judgment creditor, and the losing party becomes the judgment debtor. As the judgment creditor, it's your responsibility to collect your money judgment. First, you should try to arrange for the judgment to be paid directly with the judgment debtor or their attorney. If they don't respond or don't pay, you can start collection efforts. You have twenty years from the date a judgment is awarded to collect the money.
If the judgment debtor is not cooperating, the first step in collecting the judgment is getting an accurate picture of the judgment debtor's assets. You can do this by issuing an information subpoena. This document asks the judgment debtor and any banks or other institutions or people who might have information about the judgment debtor's assets to describe them to you. If the subpoenaed party does not respond, they can be held in contempt of court. Your information subpoena must be signed by the clerk of court and served on the judgement debtor and other institutions by someone over 18 who is not a party to the case. Whoever serves the subpoena must also return an affidavit of service to the court. You can see an example affidavit of service here.
There is not a statewide information subpoena form available through the court system at this time. You can contact your clerk's office to ask if they have a local information subpoena form you can use, or you can buy one from a legal stationary store, such as Blumberg Legal Forms. You can also create your own information subpoena form. If you want to create your own form, you must include the statutory language in section 5224 of the Civil Practice Law and Rules. There are also helpful resources at your closest public access law library:
- There are sample forms in the Lexis and Westlaw databases that are geared towards requesting information from a bank. You can access Westlaw and Lexis on the public computers at your law library.
- You can see sample questions for an information subpoena in Bender’s Forms of Discovery Interrogatories, Ch 69 Earnings, Income and Assets.
- There is more information about information subpoenas generally in New York Small Claims Manual §I.P.3.c Execution of the judgment on property of the debtor.
- You can find more citations for in depth research in the file attached to this FAQ.
You should also review section 601 of the General Business Law, which discusses prohibited practices when you are collecting on a debt or money judgment.