Court Requires Notice and Proof of Receipt Before Compelling Nonparty Compliance with Post Judgment Subpoenas

Posted: October 23, 2026 / Written by: Thomas A. Kissane / Categories Judgment and Collection, Motion to Compel

Court Requires Notice and Proof of Receipt Before Compelling Nonparty Compliance with Post Judgment Subpoenas

On September 29, 2026, Justice Robert R. Reed of the New York County Commercial Division held that a judgment creditor seeking to compel a nonparty’s compliance with a post-judgment subpoena must give the nonparty notice of the requested relief and establish the nonparty’s actual receipt of the subpoena. The case is ACM MCC VI LLC v. Able Liquidation Three, Index No. 657261/2019.

After obtaining a judgment of approximately $1.49 million, plaintiff served information subpoenas and subpoenas duces tecum on the judgment debtors and two nonparties. When none responded, plaintiff sought an order compelling responses. Addressing the request concerning the nonparties, the Court explained:

. . . notice to a nonparty is required if a judgment creditor seeks to compel compliance against it for failure to respond. Proof of the actual receipt of the subpoena is necessary, not only for compliance, but as a predicate for contempt if non-compliance is alleged (Metro. Life Ins. Co. v Young, 157 Misc 2d 452, 453 [Civ Ct, NY County 1993]).

Slip op., p. 2.

The Court directed the judgment debtors to respond. Their counsel did not contest service and they presented no authority supporting their contention that plaintiff was required to provide defendants with information concerning its efforts to enforce the judgment. Id.

Contact the Commercial Division Blog Committee at commercialdivisionblog@schlamstone.com if you or a client have questions concerning post-judgment discovery and enforcement of subpoenas.