The debtor claims they're broke. Their bank statements tell the real story. Post-judgment subpoenas let you demand records directly from banks, employers, and anyone else holding their financial information.
A subpoena duces tecum ("bring with you") is a court order requiring a person or entity to produce documents. Under CCP § 1985, you can subpoena records about the judgment debtor from any person or organization that has relevant documents.
Unlike interrogatories (which go to the debtor) or third-party examinations (which require a court appearance), a subpoena duces tecum simply demands documents. The recipient must produce the records or face contempt. No testimony required.
When a debtor claims they have no income but their bank statements show regular deposits, you have proof of perjury. Bank records are devastating evidence in contempt proceedings and can pressure debtors into settlement rather than face criminal charges.
Anyone who has documents about the debtor's finances is a potential subpoena target. Here are the most valuable sources:
Account statements show balances, deposits, withdrawals, and linked accounts.
Payroll records reveal true income and benefit information.
Tax preparers have comprehensive financial information.
Investment accounts are often overlooked assets.
Real estate transaction records show property dealings.
Policies reveal assets and cash values.
If the debtor wrote you a check, subpoena that bank. If they mentioned their employer, subpoena HR. If you know their accountant, subpoena the CPA firm. Each subpoena response leads to more targets - bank statements show other accounts, tax returns show other income sources.
Complete SUBP-001 (Civil Subpoena) with specific document requests. Be detailed and comprehensive.
Serve debtor with notice of the subpoena and copy of document request per CCP § 1985.3.
Consumer notice period: 15 days for personal records (10 for employment). Don't serve early.
Personally serve the subpoena on the records custodian. Include witness fees if testimony required.
Records custodian sends documents or makes them available for inspection within compliance period.
| Form | Name | Purpose |
|---|---|---|
| SUBP-001 | Civil Subpoena (Duces Tecum) | Main subpoena form for documents |
| SUBP-010 | Deposition Subpoena for Production | Alternative for business records only |
| Custom Notice | Consumer Notice under CCP § 1985.3 | Required notice to debtor before personal records |
Under CCP § 1985.3, you must give the debtor notice before subpoenaing their personal records from a third party. If you skip this step, the records are inadmissible and you may face sanctions. Wait the full 15 days after notice before serving the subpoena.
Your document request should be specific enough to get useful records but broad enough not to miss anything. Here are key categories for each target:
Always request records for at least the last 2 years. Historical records show patterns - regular deposits that stopped, large transfers, lifestyle changes. A debtor who "lost their job" but made the same deposits every month has some explaining to do.
Most banks and large employers comply with properly served subpoenas - it's less hassle than fighting. But if a subpoena recipient fails to produce records, you have remedies.
Under CCP § 1987.1, you can move to compel compliance with a subpoena. The court can order production and impose sanctions for non-compliance.
Willful failure to comply with a subpoena is contempt of court under CCP § 1991. Penalties include fines and potentially jail time. This is rare for institutional custodians but can happen with smaller businesses or individuals.
The debtor can file a motion to quash or modify the subpoena. They must do so promptly after receiving notice. Common objections include overbreadth, privilege, and privacy. Be prepared to show the court why the records are relevant to your collection efforts - post-judgment discovery is broadly permitted.
The subpoena itself costs nothing to prepare. You'll pay for service (typically $50-100 per subpoena). Banks and other institutions may charge a records search fee, typically $15-25 per hour plus copying costs. Total cost for a bank subpoena is usually $100-300. These costs are recoverable as enforcement expenses.
California subpoenas only reach records custodians in California. For out-of-state records, you'll need to domesticate your judgment in that state and issue a subpoena there, or use the Uniform Interstate Depositions and Discovery Act if adopted by that state. For national banks, serve the California branch if the debtor has accounts there.
Start with banks where you have evidence: checks they wrote you, payments they received, or banks mentioned in court filings. Subpoena their employer for direct deposit information. Run asset searches that can identify likely banking relationships. At the debtor examination, ask about every bank account they've had in the last 5 years.
Bank records are not privileged. Tax returns prepared by a CPA have limited privilege, but the underlying financial data does not. Attorney-client privilege protects legal advice, not financial records held by lawyers. The debtor's main argument will be privacy, which generally doesn't override your right to collect your judgment.
No. The IRS has its own rules and won't honor state court subpoenas. However, you can subpoena tax returns from the debtor directly (interrogatories with document demand), from their accountant or CPA, or from any institution where the debtor submitted tax returns as part of an application (banks, landlords, lenders).
The subpoena specifies a production date - typically 20-30 days from service for document subpoenas. Allow enough time for the custodian to gather records. Banks may take 2-4 weeks. If you need records sooner, you can request expedited production, but expect pushback. For debtor examinations, serve a subpoena duces tecum requiring documents at the hearing.
I draft and serve subpoenas that get results. Bank records, employer records, accountant files - I know what to request and how to get it. When they don't comply, I handle the motion to compel.