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Question

I received a form today via certified mail called "information subpoena and written questions". It was sent by a plaintiff who sued a restaurant (LLC) who I previously worked for as a bookkeeper. The document I received was addressed to ME requesting that I answer numerous questions regarding the business (i.e. information on the owners and/or personal property they own) the form say that unless I answer this questionnaire within 14 days I would be held in contempt. However, the plaintiff has already entered a judgement against the restaurant (LLC) and being how the business oes not longer exist it looks like he's trying to go after their owners. The subpoena was NOT sent by the court or named by the clerk of the court, in fact it was sent certified mail by the plaintiff who is representing himself as pro se, no clerk or information regarding the court is given or is the subpoena sent by the clerk of the NJ Superior Court.... Do I need to answer ALL these questions? is it a valid??

Submitted: 256 days and 8 hours ago.
Category: Legal
Value: $30
Status: AWAITING CUSTOMER ACTION
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Optional Information

Englewood Cliffs, New Jersey

Already Tried:
The restaurant was a failure and it shut down, the plaintiff sued the corporation for not paying the rent, however the owners failed to file an answer an a judgement was enter against the restaurant/corporation in the superior court of NJ, Law Division, Civil Part, Bergen County in the amount of $31,776.08

Answer

Receiving discovery requests such as this is not uncommon. However, it would not be surprising if the subpoena was improperly issued or served. Even attorneys often fail to follow the letter of the law in serving them. The likelihood that a pro se party prepared and served it improperly is also high. In many states, subpoenas do not have to be issued by judges, but can be issued by attorneys are pro se parties after request from the clerk of courts.

 

Still, if you can answer the questions without breaking a confidence or your own moral convictions, you should do so. If you are concerned about the impact of your answers, you can take the subpoena to the clerk of courts and tell them you don't think it was proper and see if you can get them to confirm its legitimacy. If they can't or are unwilling to do so, you have two options:

 

1) err on the side of caution and answer the questions so as not to risk contempt;

2) seek legal counsel to determine the appropriateness of the subpoena.

 

 

 

The information is provided for discussion and entertainment purposes only. I believe in helping people and answering their questions and providing information and solutions. To encourage and facilitate this practice, it is understood and agreed by the recipient that by opening, reading, accepting, and viewing this information, no attorney-client relationship has been discussed, agreed to or otherwise established. In legal matters, time is of the essence. As such, you should contact an experienced lawyer right away to protect your legal rights!

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Expert: J.Hazelbaker
Pos. Feedback: 100.0 %
Accepts: 
Answered: 3/12/2009

Attorney

Attorney and small business owner with 8 years experience in the general practice of law.

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