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Information subpoena with restraining notice

Information subpoena with restraining notice 2025

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The document is an Information Subpoena with a Restraining Notice issued by the Civil Court of New York, aimed at collecting a judgment against a debtor. It outlines the legal obligations of the debtor and any third parties in possession of the debtor's property or debts, prohibiting them from transferring or interfering with said assets. The document also informs the judgment debtor of their rights regarding exempt funds and provides instructions on how to claim exemptions. Additionally, it includes details about penalties for non-compliance.

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We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

What information do you need to subpoena someone?

A valid subpoena should include the following: The name of the court issuing the subpoena. The name, address, and contact details of the attorney who initiated the subpoena. The names of the parties involved.

How to serve information subpoena NY?

You must bring the Information Subpoena to the Court for the Court Clerk to sign. After the Court Clerk signs the Information Subpoena, send it with two copies of the written questions and a prepaid return envelope by registered or certified mail, return receipt requested.

What is a restraint notice?

A restraining notice in the context of consumer bank accounts is a legal mechanism creditors use to temporarily freeze or restrain a debtors bank account. Its typically used after a judgment has been made in favor of the creditor, allowing them to secure funds from the debtors account to satisfy the debt.

What happens after an information subpoena?

If you are served with an information subpoena, you must comply with the subpoena within 7 days of receiving it. You must provide your answers in writing and under oath. Your answers must be complete and truthful. If you fail to comply with an information subpoena, you may be held in contempt of court.

What is the burden of proof for a subpoena?

The burden of proof rests on the subpoenaing party to make a clear and convincing showing that the privilege does not apply.

What are the conditions for a subpoena?

Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that persons attendance, tendering the fees for 1 days attendance and the mileage allowed by law.

Can people refuse a subpoena?

Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).

Information subpoena with restraining notice 2025

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