When the plaintiff does not have the information for filing a garnishment or execution against property, the plaintiff may file a Judgment Debtor Subpoena to require the defendant to appear in Court under oath and provide income and asset information to the plaintiff. The subpoena is an “Order to Appear” entered by a judge.
Filing for a Subpoena
The form is available at the civil counter or online. There is a $15 filing fee and the subpoena is served to the defendant by a process server. A date and time for the plaintiff and defendant to appear in Court is scheduled at the time of filing. The subpoena is an order for the defendant to produce the information requested by the plaintiff.
The cost for filing and serving the subpoena may be added to the Judgment.
Failing to Appear
The subpoena is a Court Order. If the defendant fails to appear at the scheduled time, the Court may issue an Order to Show Cause as to why the defendant should not be held in contempt of court. If the defendant fails to appear at the Show Cause hearing, a bench warrant may be issued for the defendant’s arrest. The plaintiff must provide identifying information for the bench warrant, including the defendant’s date of birth, driver’s license number, and/or social security number.