New Jersey Judgment Debtor Examination: Post-Judgment Discovery Options
The Information Subpoena Is the Primary Discovery Tool
New Jersey's primary post-judgment discovery tool in the Special Civil Part is the Information Subpoena (Appendix XI-L, Form CN 11840). It asks the recipient under penalty of perjury about income, bank accounts, real estate, employment, and personal property. The subpoena gathers information; it does not collect money by itself.
If you need to verify an answer with someone who may hold the debtor's assets, New Jersey also provides a non-party Information Subpoena (Appendix XI-R, Form CN 10191) for banks, employers, or business partners. Public property, tax, business-registration, and motor-vehicle records can also help locate assets.
How to Seek Compliance With the Subpoena
If the debtor does not return the written answers within 14 calendar days of receipt, the court-controlled next step is a Motion to Enforce Litigant's Rights (Packet CN 10546). The filing fee is $0 in Small Claims Section cases and $25 in regular Special Civil Part cases.
Serve Forms A and B on the debtor by certified mail, return receipt requested, and regular mail. If the court grants the motion, it issues Form C, an Order to Enforce Litigant's Rights directing the debtor to complete the subpoena within a specified timeframe. Serve the signed order by certified mail, return receipt requested, and regular mail, then wait 10 days from service plus 5 days for mailing transit before taking further enforcement action.
If an answer is incomplete, cross-check it against public records or use a non-party Information Subpoena to verify details with a bank, employer, or business partner. A second subpoena to the same party within six months requires prior court authorization upon a showing of good cause.
What the Information Subpoena Covers
The written questions request information about:
- Income and employment
- Bank accounts
- Real estate
- Personal property, including vehicles
The recipient must complete and return the written answers under penalty of perjury within 14 calendar days of receipt.
Free Download
Get the New Jersey Small Claims Collection Checklist
Everything in this article as a printable checklist — plus action plans and reference guides you can start using today.
If the Debtor Ignores the Court's Order
If the debtor still does not respond after the court's order and the 15-day waiting period, submit a certification of non-compliance. The judge may issue a Warrant for Arrest or Order for Execution. Court officers or law enforcement execute an arrest warrant; a private creditor cannot make an arrest or threaten direct incarceration.
Do not skip the required court process or attempt to enforce the order yourself. The order, waiting period, and any subsequent warrant or execution are handled through the court and its officers.
Information Subpoena vs. Motion to Enforce
| Feature | Information Subpoena | Motion to Enforce |
|---|---|---|
| Format | Written questions | Court motion and, if granted, an order to complete the subpoena |
| Cost | Mailing costs | $0 in Small Claims Section; $25 in regular Special Civil Part |
| Response period | 14 calendar days from receipt | After the court order, wait 10 days from service plus 5 days for mailing transit before further enforcement |
| Best for | Initial asset discovery | Seeking compliance after no subpoena response |
Start with the Information Subpoena. If the debtor does not answer, use the Motion to Enforce process before seeking the court's next compliance step.
For the complete discovery and enforcement toolkit — subpoenas, motions, and every enforcement remedy — see our New Jersey judgment collection guide.
Get Your Free New Jersey Small Claims Collection Checklist
Download the New Jersey Small Claims Collection Checklist — a printable guide with checklists, scripts, and action plans you can start using today.