Received a restraining notice on debtor today for a judgement that Amex was granted against me. Also, contains an information subpoena. Restraining notice is signed by attorney for plaintiff Amex. Information subpoena is a questionnaire. Also, it came certified mail to my place of residence in NY. What if I don't respond? I have a vehicle in my name with some equity and will transfer title to son or wife. I also work part-time and currently no garnishment of wages. Also, my wife and I have an S Corp setup for a failing business. I have 1% ownership in S Corp. What is my recourse?
State/Country relating to question: New York
Hello and thank you for the question. I am sorry to read of this dilemma.If you do not respond, the plaintiff lawyer could move for contempt.The court would then typically give you time to answer.It is best to answer briefly and accurately. If interest is minimal, creditor not likely to begin a proceeding to get a court order to attach that interest anyway.
Stalling for as much time as possible would be ideal for me. If I ignore the subpoena, and they move for contempt -- what happens then? Does the court send me a court order from a judge to answer the information subpoena and how much time would that generally afford someone? At this point, if I ignore court order, can I be arrested? I would also suspect the courts are very backlogged here in NY.
The lawyer may not move for contempt since takes time and legal fees. It has to be done by order to show cause and personal service and you would get notice to appear. It is normally not good to ignore it, but if you do it may lead to a court appearance in 2-3 months. Keep in mind that an aggressive creditor lawyer could try to find out and void transfers of assets from you to others, but normally does not happen unless the judgment is large and the transfer is large enough to justify tens of thousands in legal fees.
I'm surprised that the lawyer hasn't discovered where I work and started garnishing 10% salary already. If I answer the subpoena, he will know and can commence garnishing.
Stalling for as much time as possible would be ideal for me. If I ignore the subpoena, and they move for contempt -- what happens then? Court will usually give you time to respond.Does the court send me a court order from a judge to answer the information subpoena and how much time would that generally afford someone? Court would want questions answered quickly, usually within 20 days.At this point, if I ignore court order, can I be arrested? That would not happen.I would also suspect the courts are very backlogged here in NY.That is correct. In the meanwhile, my car (which is what I use to travel to work), will be sold to my son or wife. Should I also be concerned about the S-Corp in which I have 1% ownership and a bank account under the business name?Not likely creditor would pursue such assets or transfers given costs involved. Please advise. Thx.
Last question and again thank you so much for your assistance.
Court could hold you in contempt, award a money judgment, and could have you arrested and brought to court to answer the questions. In my experience, this is rare and happens only after repeated disregard of the court orders. Kindly rate the answer GREAT SERVICE.
Licensed attorney helping individuals and businesses
Great answers and very informative. In 2 years time, I will be able to declare BK (I won't get into details). This is another reason why I am stalling.
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