Disobedience of Subpeona damages

[Thelitigator]

Hello everyone,
I have subpoenaed financial records from a company that has done business with my debtor whom I have a judgment against in California. This company has disobeyed the subpoena. By disobeying the subpoena, I have not been able to locate my debtor's bank account to perform a writ of execution. My question is whether I can sue the company withholding the financial records for the full judgment I have against the debtor as damages have been created by not being able to locate the debtor's funds. Thanks

 

[tranquility]

You don't "sue", but go through the process of enforcing the subpoena by the power of the court. If the withholding was without good cause, the judge will give sanctions. I don't think you will get damages as there was not a breach of contract or tort committed against you--but the judge is free to create a remedy and...who know?

 

[Tex78704]

Post-judgment information subpoena's to non-party's can be tricky, with additional procedures to follow, and may require an order for discovery prior to issuing the subpoena.