Motion to Enforce Litigant's Rights in New Jersey: What to Do When a Debtor Ignores Your Subpoena
The 14-Day Window Passed — Now What
You served an Information Subpoena on the judgment debtor. Fourteen calendar days after receipt went by. No response. This is frustrating but common — and New Jersey has a formal escalation path.
The Motion to Enforce Litigant's Rights (Packet CN 10546) is the court mechanism for seeking compliance from a non-responsive debtor. New Jersey does not require this motion before pursuing another enforcement remedy when you already have the information needed to use it.
Filing the Motion
Get Packet CN 10546 from njcourts.gov. The packet contains three forms:
- Form A — Notice of Motion
- Form B — Supporting Certification (where you certify that the subpoena was properly served and the debtor failed to respond within 14 calendar days of receipt)
- Form C — Order to Enforce Litigant's Rights (the judge signs this if the motion is granted)
The filing fee is $0 in Small Claims Section cases — this is a significant advantage for creditors with judgments under $5,000. In regular Special Civil Part cases (judgments $5,001–$20,000), the filing fee is $25.
Service Requirements
Serve Form A and Form B on the debtor by certified mail with return receipt requested, plus a copy by regular first-class mail. Keep your certified mail receipt and the green return receipt card (or the postal notation if delivery was refused or unclaimed).
You can file the motion through the JEDS electronic filing system or in person at your county's Special Civil Part Office.
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What Happens After the Court Grants the Motion
If the judge grants the motion, the court issues an Order to Enforce Litigant's Rights (Form C), directing the debtor to complete the Information Subpoena within a specified timeframe.
You must serve a copy of the signed Order on the debtor via certified mail with return receipt requested and regular mail. Then wait:
- 10 days from service, plus
- 5 days for mailing transit
That's a 15-day grace period before you can take the next enforcement step.
If the Debtor Still Doesn't Comply
After the 15-day grace period passes and the debtor has still not answered the subpoena, you can submit a Certification of Non-Compliance to the court. This tells the judge that the debtor has defied a direct court order.
The judge may then issue a Warrant for Arrest or Order for Execution against the debtor. Court officers or law enforcement execute an arrest warrant; a private judgment creditor cannot make an arrest or threaten direct incarceration.
In practice, most debtors respond once they receive the court order. The escalation from subpoena to motion to arrest warrant is designed to apply increasing pressure at each stage.
Timeline Summary
| Step | Timeline |
|---|---|
| Serve Information Subpoena | Day 0 |
| Debtor's response deadline | Within 14 calendar days of receipt |
| File Motion to Enforce | After Day 14 |
| Court grants motion, you serve order | Varies |
| Grace period after serving order | 15 days (10 after service + 5 for mailing transit) |
| Submit non-compliance certification | After grace period |
| Court may issue arrest warrant or Order for Execution | Varies |
The timeline includes the 14-day subpoena response period, the court's time to consider the motion, and the 15-day post-order grace period. Allow additional time for court processing and service.
For the complete enforcement workflow — from Information Subpoenas through every escalation step — see our New Jersey judgment collection guide.
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