Can an LLC ignore a subpoena?

UPDATED: Sep 30, 2022

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Can an LLC ignore a subpoena?

I issued an information subpoena to an LLC. They have not responded even though the form says they must respond or be subject to warrant being issued. What can be done to compel them to respond? What are consequences of them not responding?

Asked on November 20, 2015 under Business Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

As a practical matter, you can't do much to an LLC, since a failure to answer an information subpoena in NJ is enforced by issuing an arrest warrant to the sheriff--but you can't put an LLC in jail. Re-issue the subpoena to a key member or manager of the LLC (you subpoena people, not companies); then if there is no compliance, you can seek to have that person arrested as an enforcement mechanism.

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