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  1. #1
    bluesmap is offline Member
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    information subpoena - CPLR 5224

    What is the name of your state (only U.S. law)?
    new york state

    if an information subpoena is sent from the attorney of judgment creditor to judgment debtor is this considered a judicial or a non-judicial subpoena?
  2. #2
    You Are Guilty is offline Senior Member
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    Quote Originally Posted by bluesmap View Post
    What is the name of your state (only U.S. law)?
    new york state

    if an information subpoena is sent from the attorney of judgment creditor to judgment debtor is this considered a judicial or a non-judicial subpoena?
    Who signed it? Is there a line that says "So Ordered" with a judge's name under it?
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  3. #3
    bluesmap is offline Member
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    the information subpoena is being signed by the attorney for plaintiff.

    there is nothing stamped or signed by the judge.
    there is not a line that says "so ordered"

    BUT the attorney for judgment creditor (plaintiff) has signed it and under his name he writes "officer of the court"

    is this a judicial subpoena?
  4. #4
    latigo is offline Senior Member
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    I haven’t the slightest notion of how you define “Judicial” as opposed to “non-judicial” or for what usefull purpose.

    BUT the subpoena you received it’s authorized by New York State law.

    Furthermore, under NY Code Section 5224 the judge NEVER signs the post judgment subpoena. Only the judgment creditor or the attorney for the judgment creditor signs.

    So stop with the silly word games looking for a legal hole to crawl through AND show up for the deposition with the documents requested.

    Or expect to be dragged in front of a judge for a hearing - of which you will have not doubt as to whether it is judicial or non-judicial - to be held in contempt of court and ordered to pay the creditor’s attorney fees – for both the thwarted post judgment deposition and the contempt hearing.
  5. #5
    bluesmap is offline Member
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    Quote Originally Posted by latigo View Post
    I haven’t the slightest notion of how you define “Judicial” as opposed to “non-judicial” or for what usefull purpose.

    BUT the subpoena you received it’s authorized by New York State law.

    Furthermore, under NY Code Section 5224 the judge NEVER signs the post judgment subpoena. Only the judgment creditor or the attorney for the judgment creditor signs.

    So stop with the silly word games looking for a legal hole to crawl through AND show up for the deposition with the documents requested.

    Or expect to be dragged in front of a judge for a hearing - of which you will have not doubt as to whether it is judicial or non-judicial - to be held in contempt of court and ordered to pay the creditor’s attorney fees – for both the thwarted post judgment deposition and the contempt hearing.
    if you dont know what a judicial vs non-judicial subpoena is then you shouldn't be answering the question. nowhere in my posts did i say anything about a deposition either.
    nowhere in my posts did i say i was served with one either. maybe you have me confused with another thread
  6. #6
    You Are Guilty is offline Senior Member
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    Next question, and the one that will solve your riddle - where is the subpoena returnable?

    (Check out CPLR 2308 for the reasons why I ask.)
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.
  7. #7
    bluesmap is offline Member
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    the subpoena is to be sent back to attorney for plaintiff at attorney for plaintiff's law office address.

    for the purpose of cplr 2308 is the attorney for plaintiff considered an "officer of the court"?
    pardon my ignorance a law dictionary says an attorney is an "officer of the court" but i dont know how you guys use that term.


    THANKS, much obliged.
  8. #8
    You Are Guilty is offline Senior Member
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    1) Attorney = officer of the court

    2) Returnable in their office = non-judicial

    1 + 2 = max fine of $50 for non compliance + whatever contempt proceedings the attorney can convince the judge to go for (usually not much unless there are multiple instances of non-compliance. For the first one on a subpoena not signed by a judge, most times you get a second chance to turn over the documents without any penalty. But not every time, so be warned).
    Quote Originally Posted by Tranquility
    Once you get to crazy land, it is only a guess on how to get out.

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