Information Subpoena in New York: How to Find a Debtor's Assets After Winning

What an Information Subpoena Does

An information subpoena is the primary tool New York gives judgment creditors for finding out what a debtor owns. Authorized under CPLR 5223 and 5224, it forces the recipient — the debtor or a third party like a bank or employer — to answer written questions about the debtor's assets, income, and property within 7 days.

In NYC small claims, the court clerk issues the official form (CIV-SC-63) for a fee of $2.50 to $3.00. Outside the city, local court clerks issue equivalent forms under the same CPLR provisions.

The subpoena is not limited to the debtor. You can serve it on banks (to confirm account existence and balances), employers (to verify employment and salary), landlords, utility companies, or anyone else reasonably likely to hold information about the debtor's financial situation.

How to Serve It Properly

Service must follow a strict statutory sequence. Getting any step wrong gives the recipient grounds to ignore the subpoena entirely.

1. Obtain the form from the court clerk with your written questions (two copies)
2. Prepare the packet: the subpoena, both copies of questions, and a prepaid self-addressed return envelope
3. Find a server: someone over 18 who is not a party to the case
4. Mail via Certified Mail or Registered Mail, Return Receipt Requested — this is mandatory, not optional
5. Keep the green card: the signed return receipt is your proof of service

You cannot serve the subpoena yourself. The listed methods are Certified Mail or Registered Mail, Return Receipt Requested, sent by a non-party over 18 years old.

When serving the subpoena on a third party (bank or employer), you must also enclose a statutory witness fee. The amount is nominal, but omitting it gives the institution a technical basis to refuse compliance.

What Questions to Ask

The questions accompanying the subpoena should be specific enough to produce actionable information. Vague questions get vague answers.

For a subpoena directed at the debtor:

• Full name and all aliases
• Current employer name, address, and position
• All bank accounts (institution, branch, account number)
• All real property owned in New York
• Motor vehicles owned (make, model, year, VIN)
• Other sources of income (pensions, investments, rental income)
• Outstanding debts owed to the debtor by third parties

For a subpoena directed at a bank:

• Whether the debtor holds accounts at that institution
• Account types and numbers
• Current balances as of the date of response
• Whether the account receives direct deposits and from what source

The recipient has 7 days from receipt to return written answers.

When the Debtor Ignores the Subpoena

This happens more often than not. The debtor receives the subpoena, reads the questions, and decides that not answering is easier than revealing their bank accounts. Here is what you do.

File an Order to Show Cause for Contempt under CPLR 2308 and CPLR 5251. This is a formal application to the court asking the judge to compel the debtor to appear and explain why they should not be held in contempt for ignoring a lawful court order.

Your application must include:

• A copy of the original subpoena and questions
• The Affidavit of Service with the signed Certified Mail return receipt
• An affidavit stating the recipient failed to respond within the statutory window

If the judge signs the order, it must be served on the debtor in the manner the court directs. At the hearing, the judge typically gives the debtor one more chance to answer the questions in open court rather than imposing immediate sanctions. This is not an arrest proceeding — contempt in this context is a tool to compel compliance, not to punish.

The contempt route takes time and requires a court appearance, but it is the only enforcement mechanism when a debtor stonewalls your information subpoena. Without it, you are left guessing about assets.

Turning Subpoena Answers Into Enforcement Actions

Once you have responses identifying specific bank accounts, employers, or property, you can move to the corresponding enforcement tool:

• Bank account identified → restraining notice and bank levy
• Employer identified → income execution (wage garnishment)
• Real property identified → judgment lien via transcript of judgment

Each enforcement action requires its own paperwork and fees, but the information subpoena is where every collection path begins. Without knowing what the debtor has, you cannot target anything.

Our New York Judgment Collection Guide includes a service log template for tracking subpoenas sent, responses received, and deadlines — along with the exact questions to include for debtors, banks, and employers.

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