Legal Question in Credit and Debt Law in New York

Credit card collection

I have a judgement against me for credit card default. I have received a subpoena duces tecum to produce records. I am commanded to appear at the lawyer's office and could be in contempt of court. There is no signatures from the court just from the lawyer. Am I required to appear in his office?


Asked on 7/22/08, 6:59 pm

1 Answer from Attorneys

Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: Credit card collection

A subpoena duces tecum is a demand for documents only, not an appearance. Attorneys can issue subpoenas. If this is only a subpoena duces tecum, then you are required to provide the documents by the date requested. If the subpoena is also for an examination (deposition), then you are required to appear. You can, conceivably, be held in contempt for failing to comply, although this requires that the creditor's attorney bring a contempt proceeding, which is not usually done.If you were handed the subpoena, then it is easier to prove that you received it. How much effort the attorney will put into pursuing you will depend in part on how much they are trying to collect.

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Answered on 7/26/08, 10:53 am


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