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Information Subpoena

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shovelracer

Junior Member
What is the name of your state (only U.S. law)?
New Jersey

My business was awarded 3 default judgements recently on 3 separate bad debts. Debtors are unresponsive to any contact and have been for several months. Phone calls hung up on etc. My friend (attorney) has advised me to use him to order information subpoenas. I agree, but since hiring friends and family always comes at a price other than a dollar amount Im shying away from that.

My question for now is how long do I have to wait if at all in my state to order one of these.
 


BL

Senior Member
What is the name of your state (only U.S. law)?
New Jersey

My business was awarded 3 default judgements recently on 3 separate bad debts. Debtors are unresponsive to any contact and have been for several months. Phone calls hung up on etc. My friend (attorney) has advised me to use him to order information subpoenas. I agree, but since hiring friends and family always comes at a price other than a dollar amount Im shying away from that.

My question for now is how long do I have to wait if at all in my state to order one of these.
Contact the clerk of the court , to see if you can still get one through the court for a small fee .
 

shovelracer

Junior Member
Thanks for the replies. The judgements were the less than 2 weeks ago. Debts are less than a year. My question was asking the minimum number of days I must wait after judgement before taking any additional steps. I have been told " no time " for information subpoena and 30 or 35 days. Reason to give them a chance to pay or protest. Thanks
 

JETX

Senior Member
Thanks for the replies. The judgements were the less than 2 weeks ago. Debts are less than a year. My question was asking the minimum number of days I must wait after judgement before taking any additional steps. I have been told " no time " for information subpoena and 30 or 35 days. Reason to give them a chance to pay or protest. Thanks
A judgment isn't final until the time allowed for an appeal has expired. That time depends on the court and type of case. Call the court and ask them.
 

dcatz

Senior Member
There appears to be no provision in NJ SC statutes for an automatic stay of execution. If your judgments were not “stayed” for a specified period (and it would say it in the judgment order if it was), the answer is “no time”. Because they were default judgments, they were final when entered and there is no appeal. There is no appeal because there was no hearing on the merits.

In your state, the SC defendant has 45 days from entry of judgment to file an appeal. The appeal requires the filing of a trial transcript. For a default judgment, there would be nothing in a transcript for a higher court to consider on appeal.

This is not to say that a defendant could not file a motion to vacate the default judgment and ask for a stay of execution while such a motion is pending, but that makes assumptions beyond your question, and you don’t have to sit on your hands and wait to see if the motion is filed.

If you get an information subpoena, it must be answered and returned within 14 days of the date that it was served, and you can’t serve one more than once every 6 months without court permission, so make sure that’s the only way to get the information that you want.
 

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