A previous post on this blog discussed how the owner of a small business, or even an individual with no real ties to the business world, in the White Plains area can use a variety of means to locate the assets of a person who owes money to him or her so that they can ensure their legitimate bill gets paid.
One thing this post mentioned was an information subpoena. This topic warrants a little more discussion, especially since it is often the first step a creditor has to take in collections and judgment enforcement.
A creditor will likely need to use an information subpoena when he or she does not know whether the debtor has squirreled away property or has incomplete or unreliable information. Sometimes, a creditor will want to use an information subpoena simply to confirm what he or she already knows, as in many cases, it’s essential to get it right the first time when it comes to trying to collect a judgment.
The creditor can send an information subpoena either to the debtor or to a person or business whom the creditor believes might have useful information about where the debtor’s property is located. While there are some form information subpoenas available, a creditor is free to ask his or her own questions in the information subpoena. Even though the process is designed to be simple, it is often still a good idea to allow a New York attorney to prepare and send an information subpoena.
Like other subpoenas, a court will use its power to hold people in contempt in order to force someone to answer an information subpoena if they choose not to do so voluntarily.