Legal Question in Credit and Debt Law in New York

subpoena

I have been served with a subpoena (Duces Tecum) to take deposition of judgement debtor. They requested copies of my state and federal tax returns for 2000,2001,2002. In the year 2002 I was married and we filed joint tax returns. My wife is not listed on the subpoena and does not want to show our returns for that year. Do they have a right to see her information if she was no part of this caes and was not subpoena'd? Also in new york state, how would they calculate the garnish amount if i receive a salary weekly and a commission amount monthly? can they garnish both? To what extent.

Thank you for you help in this matter...


Asked on 3/02/03, 10:46 am

1 Answer from Attorneys

Rod Kovel Rod Kovel, Attorney at Law

Re: subpoena

Dear Reader:

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

It is possible to avoid turning over your tax returns if you make a "motion to quash" but this doesn't go over too well with judges except in unusual cases.

The garnishment rate in New York is 10%. I believe this is on the gross, not on the net, and it includes all wages and commissions.

Your employer probably will not want to fool around with an angry creditor by doing something illegal like paying you off the books. That will get the employer in hot water too.

Good luck.

As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.

Rod Kovel Attorney at Law 516-312-9900

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Answered on 3/04/03, 8:18 am


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