Latona v. Aquino

This is a motion by a third party to vacate a subpoena for her examination, issued by the attorney for the judgment creditor. The subpoena is grounded upon the allegation that ‘ ‘ the undersigned has reason to believe that the said third party — has property of the judgment debtor exceeding ten dollars in value — is indebted to the judgment debtor in an amount exceeding ten dollars ” (Civ. Prac. Act, § 779, subd. 2). In support of her motion, the third party submitted an affidavit in which she categorically denied owing the judgment debtors any money or that she has any of their property.

Gompe…