How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11624
Experience:  25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
20073497
Type Your Legal Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

I have received a subpoena to appear in court from a lawyer

Resolved Question:

I have received a subpoena to appear in court from a lawyer for a debt to American Express. Do I HAVE to appear in court or is there another way to handle this ? I was unaware that I was suppose to "respond" or answer within 20 days in writing after being issued the subpoena. I have never been to court before in my life and am scared to death.
Please advise.
Submitted: 10 months ago.
Category: Legal
Expert:  Andrea, Esq. replied 10 months ago.

Hi, Kathryn, my name is XXXXX XXXXX I will be glad to assist you in any way that I can, but need a bit more information, if you do not mind,

 

First, please do not be afraid. There is nothing to be afraid of and I will be right behind you.

 

From what you are telling me, it appears that you were already sued because (a) You said you did not file an Answer within 20 days; and (b) When you are sued, you are served with a Complaint, not a Subpoena.

 

Were you served with a Subpoena to appear for an "Asset Deposition"?

 

This is where a Plaintiff has already obtained judgment against a Defendant and now is trying to find out if the Plaintiff has any assets which the Judgment-Creditor can seize in order to satisfy his judgment

 

Could you elaborate a little on what the Subpoena says ?

 

 

Thank you,

 

 

 

Customer: replied 10 months ago.
It is a subpoena duces tecum and has today's date on it to bring certain documents to court. Tax returns, property I own, paycheck stub, bank statements, etc. it does not say anything about a deposition on it and it doesn't say for me to respond or answer within 20 days, I read that info online.
Expert:  Andrea, Esq. replied 10 months ago.

Thank you for your reply, Kathryn, and your additional information,

 

You asked,

 

"Do I HAVE to appear in court or is there another way to handle this ?"

 

Answer

 

A Subpoena is the equivalent of a Court Order which has to be obeyed and if it is not obeyed, the Judge can hold you in Contempt of Court, or he can issue a Bench Warrant for your arrest.

 

When a creditor sues a debtor and the debtor does not file a responsive pleading, here an Answer was required, everything which the Defendant does not deny, is deemed admitted and if the Defendant does not appear at the hearing the Plaintiff creditor obtains a default judgment against the Defendant. Once the creditor becomes a judgment creditor, he can compel the Defendant to disclose their assets so that the judgment creditor can seize them to satisfy his judgment.

 

If you did not appear at the hearing, and the creditor obtained a default judgment against you, you can try filing a Motion to set aside/Vacate the judgment and set a new hearing date so that you can present your defenses. Or, if the time within which to file an appeal has not expired, you can file an Appeal of the judgment. But, in the meantime, you should obey the Subpoena so that you do not have to face bigger problems,

 

 

I wish I could give you the Answer you want to hear, and it would have given me
great pleasure to do so, but I have an ethical obligation to you to give only correct

answers and information, so I am respectfully XXXXX XXXXX you not hold the law applicable

to your situation against me because you are rating my service to you and not if you like or agree with the law,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 

ANDREA

 



Andrea, Esq., Attorney
Category: Legal
Satisfied Customers: 11624
Experience: 25 yrs. experience in family law, estates, real estate, business law, criminal defense, immigration, and employment law.
Andrea, Esq. and 18 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.