Contempt Motion When a Debtor Ignores an Information Subpoena in New York

The Problem: Seven Days Pass, No Answer

You served an information subpoena on the judgment debtor (or on their bank or employer), waited the mandatory seven days, and received nothing back. This is one of the most common dead ends in New York small claims judgment collection — and it is solvable. The law gives you a specific remedy: a contempt motion under CPLR 2308 and CPLR 5251, filed in the originating court.

The subpoena is not optional. Under CPLR 5224, the recipient is legally required to answer the written questions within seven days of receipt. Ignoring the subpoena is a violation of a court-authorized process, and the court can hold the non-compliant party in contempt.

What You Need Before Filing

Before the court will entertain a contempt application, you must prove three things:

1. The subpoena was properly served. You used registered or certified mail, return receipt requested, and a non-party server over 18 years old handled the mailing. You kept the return receipt (the green card signed by the recipient or their agent).

2. The seven-day response window expired. Count seven days after the recipient received the subpoena; use the signed return receipt to confirm the delivery date, not the date you mailed it.

3. No response was received. The debtor (or third party) did not return the completed questionnaire by any means within the statutory window.

If your original service used ordinary mail or was done by you as a party, it did not meet these service requirements. Re-serve by registered or certified mail, return receipt requested, through a non-party server over 18 before seeking contempt.

Filing the Order to Show Cause

The contempt remedy is initiated by filing an Order to Show Cause with the court that entered your judgment. In NYC Civil Court, local stationery outlets (such as Blumberg) sell pre-printed forms (Form T419 is commonly used). In courts outside NYC, ask the clerk's office whether they have a local form or accept a general-purpose Order to Show Cause format.

Your application must include:

• A copy of the original information subpoena and written questions that you sent to the debtor or third party.
• The Affidavit of Service documenting who mailed the packet, when, and to what address.
• The signed Return Receipt for the registered or certified mailing (or a copy if you retained the original).
• An affidavit from you stating that the statutory response period has passed and no answer was received.

Present the application to the court clerk for submission to a judge. The judge reviews the papers and, if everything is in order, signs the Order to Show Cause. The order will specify how and when it must be served on the non-compliant party and set a court date for the hearing.

What Happens at the Hearing

The signed Order to Show Cause commands the debtor (or third-party institution) to appear in court and explain why they should not be held in contempt for ignoring the subpoena. A few points to keep expectations realistic:

No arrest for the debt alone. An unpaid small claims judgment alone does not lead to arrest or imprisonment. The contempt proceeding is civil, not criminal. Its purpose is to compel compliance — to get the recipient to answer the asset questions — not to punish for the debt.

Judges often give a second chance. In practice, many judges allow the non-compliant party to purge the contempt on the spot by answering the asset questions in open court. The debtor shows up, the judge tells them to answer, they answer, and the contempt is resolved. This is still valuable to you: you now have sworn testimony about the debtor's bank accounts, employer, and property.

If the debtor does not appear, the court may issue a warrant or impose sanctions, but the practical outcome depends on the judge and the circumstances. A pattern of non-compliance strengthens your position for more aggressive enforcement.

Contempt Against Third Parties

Information subpoenas can also be served on banks, employers, and other third parties who hold information about the debtor's assets. If a bank ignores a properly served subpoena, the same contempt procedure applies — file an Order to Show Cause naming the financial institution. In practice, banks rarely ignore subpoenas because a contempt finding can carry monetary sanctions and reputational consequences. If a bank did not respond, first confirm that the subpoena included the certification required by CPLR 5224(a)(3): a signed statement that you or your attorney reasonably believe the recipient has information that will help collect the judgment. Under CPLR 5224(b), a person served with an information subpoena is not entitled to a witness fee.

After the Hearing

Once the debtor answers the asset questions — whether on paper or in court — you have the information needed to pursue enforcement. Common next steps include:

• Serving a CPLR 5222 restraining notice on the debtor's bank to freeze funds above the EIPA floor
• Delivering an income execution to the enforcement officer for wage garnishment
• Docketing the judgment with the County Clerk to place a lien on real property revealed by the subpoena answers

The New York Judgment Collection Guide walks through the entire sequence — from serving the initial information subpoena to filing a contempt motion if ignored, to using the disclosed assets to choose the right enforcement tool. It includes an Information Subpoena Service Log to track deadlines and a Bank Account Restraint Checklist for the next step after asset discovery.

Related reading:

• Information Subpoena in New York — how to serve one properly in the first place
• Find Debtor Assets in New York — public record searches and ACRIS
• Judgment-Proof Debtor in New York — what to do when the debtor has nothing to seize

See more New York guides →