Legal Question in Civil Litigation in New Jersey

what is a subpeona of information and what action can they take if i do not reply in time frame.


Asked on 8/17/10, 7:00 am

3 Answers from Attorneys

Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

Your talking about a subpeona decus tecum seeking production of documents or information. If you fail to comply you can be subject to civil penalties, contempt of Court, fines or worse. Usually if you do not wish to respond to a subpeona you need to make a motion in Court to have it quashed. You need to file it with the Court and serve a copy on all parties concerned. If you call the Court they may be able to guide you better, but you cannot just ignore it because there are consequences for failing to comply

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Answered on 8/22/10, 8:08 am
John Corbett Corbett Law Firm LLC

I suggest that you may have a different document than the one that Mr.Mincis suggests. An Information Subpoena is used after a plaintiff has obtained a judgment against you in order to find out what assets you have to pay the judgment and where they are located. If you fail to provide written answers to the Informaiton Subpoena, the plaintiff may apply to the court for a warrant to have you arrested. Then, you will probably stay in jail until you can see a judge and convince him or her that you have provided the answers. /p/ See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 8/22/10, 8:27 am
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

In looking at your question again, I concur with Mr. Corbett, I thought you were stating that you had been served with a subpoena to produce documents, but if a Judgment has been entered against you and the creditor is trying to collect, you need to Answer it or you will face severe consequences for ignoring it. I am not 100% certain which type of subpoena you are referring to, but don't ignore it, good luck.

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Answered on 8/22/10, 2:19 pm


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