Nassau Ruling Illustrates Tough Consequences for Ignoring Subpoenas

April 15, 2019 | Commercial Litigation

A recent ruling from the Supreme Court of Nassau County illustrates the power of remedies available for enforcing judgments against recalcitrant debtors who refuse to turn over financial information in response to post-judgment discovery demands.

The plaintiff-judgment creditor issued a subpoena to the debtor, requesting the production of documents and a deposition from him, as well as information subpoenas to the debtor’s attorney and four companies that the debtor owned.  They all ignored the subpoenas. Plaintiff-judgment creditor then made a motion to compel compliance and to hold the targets in contempt under the CPLR and the Judiciary Law, as well as to obtain attorneys’ fees incurred in making the motion.

Justice McCormack of the Supreme Court granted the motion, held all of the targets of subpoenas in contempt and granted the plaintiff-judgment debtor its attorneys’ fees. Thus, the failure to respond to post-judgment discovery demands can quickly result in severe consequences for the debtor and non-parties from whom information is sought.

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  • David M. Grill
  • David Gise

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