I served Subpoena to Trustee, recorded in court, Trustee did not reply, what now? what should I do? Punishment for non reply?

Asked almost 2 years ago - Bridgewater, NJ

I am a pro-se in bankruptcy chapter 7 case, in New Jersey, served Subpoena for Documents to the Trustee. No reply received. What is the penalty for non-reply of Subpoena? What should be my action? Subpoena was served via FedEX delivery and is also recorded in court.

Attorney answers (5)

  1. Bruce C Truesdale

    Pro

    Contributor Level 12

    5

    Lawyers agree

    Answered . You are pro se and you have served a Subpoena on the Trustee for documents. Well, I would certainly like to know why and for what documents. My guess is that had you had an attorney what you are doing would in all likelihood not be necessary. As my colleague indicated in an earlier response, you can file a motion to compel the Trustee to comply with the Subpoena and the Judge will listen to your reason for needing the documents and perhaps even direct the Trustee to comply with the Subpoena and provide them. However, it is unlikely that the Trustee will be sanctioned for noncompliance. I think you should really discuss your case with a competent bankruptcy attorney before you spend a lot of time and effort that may be unnecessary.

    I could throw a stone to where you live from my office window. We offer a free consultation. You can give me a call with no obligation and let me know more of the circumstances of your case.

    Bruce C. Truesdale
    btruelaw.com

  2. Walter C Oney Jr

    Contributor Level 17

    5

    Lawyers agree

    Answered . There's no penalty per se. You can, however, file a motion to require the trustee to respond to the subpoena. My prediction is that the judge will not quite laugh you out of court, but that you will lose nonetheless -- trustees have almost complete immunity from suits by debtors. Now, if there were a contested matter in progress and the judge had authorized discovery, you could serve normal kinds of discovery. But I'll hazard a guess that is not the case.

  3. Karina Pia Lucid Esq.

    Contributor Level 10

    2

    Lawyers agree

    Answered . The problem is that your question raises a lot of questions but does not give us enough information for an intelligent and informed answer to be posted. Why did you serve the subpoena? what kind of documents are you seeking? Did you file a complaint against the trustee for some kind of specific misconduct and now he/she is not responding to legitimate discovery requests/ Conversly, did the trustee file a complaint against you and your discovery is perhaps intended to assist in preparing your defense? Is your document request made to the United State Trustee or to the case trustee? Are you the Debtor or are these perhaps documents you are seeking as a creditor? If you are a creditor, perhaps you should be asking the debtor or his/her attorney for the documents and perhaps you need to file an adversary complaint against the debtor? These are just some scenarios that pop into my head. The point is that your questions does not give us any where near enough information to assit you in any way at all.

    Most if not all bankruptcy attorney's, myself included, and Mr. Truesdale, as he mentioned, offer a free consultaiton. Avail yourself of that offer from one of us.

    Best of luck and ... make it a great day!

    Karina Lucid
    www.karinalucidlaw.com
    (908) 350-7505

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.... more
  4. Stephen Clark Harkess

    Contributor Level 20

    2

    Lawyers agree

    Answered . There is no penalty. However, if you are legally entitled to the information you can file a motion to compel with the judge. If the judge enters an order to compel and the documents are not provided, the responding party can be held in contempt. Contempt sanctions can include a fine or even jail.

    You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney... more
  5. Matthew G Koyle

    Contributor Level 10

    1

    Lawyer agrees

    Answered . I agree with those that have already commented and merely wish to point out that, at least in Utah, a party acting pro se cannot sign a subpoena. If you created a subpoena and did not have the court clerk issue it, it may not be a valid subpoena at all and no response can or will be compelled.

    Providing this answer does not form an attorney-client relationship. Most legal questions are exceedingly fact-... more

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