Question:

Should the signature from a judge appear on a subpoena once a judgment has been granted to a plaintiff?

by Guest62342  |  earlier

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I received a letter from my bank explaining why I couldn't withdraw funds from my bank account after payday last week along with a copy of a subpoena from civil court. The result was that a law firm put a freeze on both of my bank accounts (checking and savings) without my knowledge of such action. To date, I never received a subpoena in my mailbox nor in person. However, a law firm based in Long Island, NY placed a freeze on my bank account due to an outstanding delinquent credit card balance with Capital One Bank. I did receive a letter from them one week ago indicating that they were "searching for assets of mine to satisfy a judgment" against me. Please note that the freeze was placed on my bank accounts four days prior to me receiving the letter from the law firm. I received the letter with the copy of this subpoena exactly one week after the freeze was put into effect. The last time I checked, a subpoena is designed to notify a defendant that a judgment is filed in court and that a court appearance is ordered (or mandated). Now, shouldn't a subpoena or some other letter from civil court have the signature of a judge or court clerk approving this type of action allowed as a final judgment granted to the plaintiff? Also, should that subpoena or letter explain in detail what the final judgment was granted to the plaintiff due to my lack of appearance in court? Please advise.

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  1. Actually, a subpoena is an order commanding someone to appear in court.  It has nothing to do with a judgment.  I suspect you got your terminology wrong.  What it may have been is a subpoena to appear at a judgment debtor examination and to bring your banking records.  That might have the same effect.  No, they are usually not signed by a judge but are issued by the clerk.  If someone objects to it they can make a motion to quash the subpoena, but they are not approved by the court ahead of time.  And not, a subpeona need not explain.  There is no legal distinction between a judgment issued due to no opposition, or a judgment issued after a jury trial.  


  2. Yes it should  but sometimes Bank pull what they want to .Look at your State laws .

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