An informational subpoena is a legal document that requires a person or entity to answer specific questions. Failure to respond can result in contempt, fines, or imprisonment. Subpoenas are commonly used in debt collection cases to locate assets.
An informational subpoena is a legal document that requires a person or entity to provide answers to certain questions contained in the document. It is typically issued by a court at the request of a party seeking information from another party. The person or entity receiving the subpoena must respond to all questions in the document within a certain number of days.
If subpoena questions are not answered within the allotted time frame, the issuing court may hold a hearing to determine whether the defaulting party will be contempt. At the hearing, the non-respondent party must provide the judge with an explanation of why the questions were not answered. If the party is found in contempt, she can be fined or even sentenced to prison.
In general, an informational quote consists of two key components. First, the subpoena usually contains a court order for someone to provide answers to questions in the document. Also, the document contains the actual questions that need to be answered. A court clerk often coordinates the paperwork needed to issue a subpoena for information. Depending on the type of information requested, the clerk may also provide standard questions. In some jurisdictions, a nominal fee may be charged for the subpoena.
Once a subpoena has been issued, it must be properly served on the party from whom information is being sought. Requirements for the service vary from one jurisdiction to another, although many jurisdictions allow service of a subpoena by certified mail. After the document has been delivered, the server may be required to fill out a service affidavit.
Subpoenas are perhaps most commonly used in cases involving debtors and creditors. In this situation, a creditor has generally been awarded a judgment against a debtor. To receive payment of the judgment, the creditor may need to use an informational subpoena to find out where the debtor’s assets are located.
The creditor may issue the informational summons to the debtor, as well as to any other person, company or entity that may have information about the debtor’s assets. For example, a creditor may file a subpoena to produce information about the debtor’s employer, owner, bank, or utility company. Once the subpoena is received, the receiving party usually has to respond within a certain period of time.
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