CIV-SC-63 – Affidavit of Service of an Information Subpoena

Jurisdiction: Country: United States | Province or State: New York

What is a CIV-SC-63 – Affidavit of Service of an Information Subpoena?

The CIV-SC-63 is the Civil Court of the City of New York’s sworn proof-of-service form for an Information Subpoena and its written questions. An Information Subpoena is a post-judgment discovery tool you use after winning a money judgment to ask the judgment debtor—or a third party likely to have relevant information—specific questions about assets, income, bank accounts, employment, property, and other sources that may satisfy the judgment. The CIV-SC-63 memorializes how, when, and on whom you served those materials, providing the court with the formal, sworn proof it expects.

Practically, the affidavit bridges the gap between sending the subpoena and enforcing compliance. If the recipient ignores your questions, the court will want to confirm the service method, the date of receipt, and what was sent. The CIV-SC-63 answers these questions and stands as a precise, sworn record you can rely on. Without it, the court may be reluctant to compel answers or enforce remedies because the foundation—proper service—would be unclear.

Who completes and uses it?

Judgment creditors, their attorneys, or their agents, including process servers and staff who physically mailed or delivered the subpoena. The signer should be the person with firsthand knowledge of the service event, not a supervisor or attorney who only delegated the task. Common recipients include debtors, banks suspected of holding the debtor’s funds, employers, landlords, or other third parties believed to hold relevant information.

The form’s purpose is simple: capture all essential facts of service under oath. It ties service to the correct case (court name, caption, and docket/index number), identifies the person or entity served, describes the documents served (Information Subpoena and written questions, and any required third-party certification or cover letter), states the service method (personal delivery or certified/registered mail), and records the date, time, and location. A notary completes the jurat, making your statement a sworn account.

Timing matters. Recipients generally must answer within seven days of receiving the Information Subpoena. If the deadline passes without a response, you may seek court assistance. The court will look to the CIV-SC-63 to validate the timeline and verify that the subpoena was properly served, that the clock started on a specific date, and that the recipient had a fair opportunity to respond.

The affidavit also reduces service disputes. Debtors may claim they never received your papers, or third parties may argue you used the wrong address. A detailed CIV-SC-63, supported by postal receipts, tracking confirmations, or process server details, narrows disputes and accelerates enforcement. By maintaining a complete record, you protect the integrity of your collection efforts and reduce delays.

Finally, the CIV-SC-63 fits into a larger enforcement plan. Post-judgment discovery often involves serving multiple parties at different times. Each service event should have its own affidavit. Later, when you move to compel answers or seek sanctions for noncompliance, the court can follow your sequence of service and deadlines, confident that each step rests on sworn proof.

When Would You Use a CIV-SC-63 – Affidavit of Service of an Information Subpoena?

Use a CIV-SC-63 each time you serve an Information Subpoena with written questions in a New York City Civil Court case. The trigger is the service itself. After delivering the documents to a debtor or a third party, prepare and notarize a CIV-SC-63 to memorialize that service event. Post-judgment enforcement is iterative; you might serve several parties over time, and each event should have its own affidavit.

Typical usage scenarios

• You obtained a judgment and need a debtor’s employment details to assess wage garnishment; you serve the debtor and record service with a CIV-SC-63.
• You prevailed against a landlord and seek bank account information, so you serve the landlord and prepare the affidavit.
• You won a judgment for unpaid invoices and suspect funds at a specific bank; you serve the bank as a third party and complete an affidavit for that mailing.
• You are unsure where the debtor banks; you serve Information Subpoenas on multiple banks and complete a separate CIV-SC-63 for each.
• You routinely use post-judgment discovery; every debtor and third party you serve should be matched with its own proof-of-service affidavit.

Prepare the affidavit promptly after completing service so the details are accurate: dates, times, addresses, tracking numbers, and, for personal delivery, the identity or description of the person who accepted the papers. Even if you do not immediately file it with the court, keep the notarized affidavit and related proofs in your enforcement file. If the seven-day response window expires without answers, you will be ready to move quickly.

Use the CIV-SC-63 for third-party service as well—employers, banks, landlords, or others likely to possess relevant information. Third-party service is typically done by certified or registered mail, return receipt requested. In the affidavit, identify the method, list tracking details, and state the precise department or address used (for example, “Attn: Subpoena Processing”). If you enclosed a certification that a judgment exists and you reasonably believe the third party has relevant information, note that in the items served.

You should complete the affidavit whether or not the recipient responds. Even when answers arrive on time, the sworn record clarifies how you obtained the information, anchors timelines for any follow-up actions, and demonstrates that your subsequent enforcement steps rest on a firm foundation. If you later serve new subpoenas because of updated addresses, returned mail, or new leads, prepare a fresh affidavit for each service to keep your record clear and persuasive.

Legal Characteristics of the CIV-SC-63 – Affidavit of Service of an Information Subpoena

The CIV-SC-63 is a sworn statement signed before a notary public. When you sign, you attest under oath that the facts are true to the best of your knowledge. The notary verifies your identity, witnesses your signature, and completes the jurat—stating when and where you swore to the truth. Submitting a false affidavit risks penalties and can damage your case.

Courts require reliable proof of service. For an Information Subpoena, proper service starts the response clock and empowers the court to compel answers if the recipient does not respond. If the service is questionable or the proof is incomplete, the court may reject or delay enforcement until you fix the defect. Your affidavit must let the court follow the trail from sending to receipt.

Service on a debtor can be by personal delivery or certified/registered mail. Service on a third party is typically by certified or registered mail, return receipt requested. The affidavit should state the exact method used, plus sufficient detail to allow verification. For mail service, include the tracking number and attach receipts or electronic confirmations when available; if the return receipt arrives later, add it to your file. For personal service, state where and when delivery occurred, who accepted the papers, and whether the location was a residence or business.

Accuracy is critical. The case caption and docket/index number should match your judgment and subpoena. Use precise addresses, including unit or suite numbers and any attention lines for businesses. If you directed service to a specific department or individual (for example, “Legal Department” or a branch manager), include that detail. Specifics reduce confusion and rebut challenges about misdirected mail or ambiguous service.

The affidavit often supplies foundational evidence for motions to compel or to seek contempt remedies. Courts typically check the affidavit to confirm service, calculate elapsed time, and ensure required enclosures were included. If key details—date, method, recipient, items served—are missing or vague, the court may deny or hold your request until corrected proof is provided.

The signer must have firsthand knowledge. If a staff member mailed the papers and kept the receipt, that staff member should sign. If a process server completed personal delivery, the process server should sign. The signer should confirm they are over 18. While attorneys sometimes use affirmations, a notarized affidavit is standard for this form in the Civil Court of the City of New York. Adhering to that standard enhances acceptance and avoids avoidable challenges.

How to Fill Out a CIV-SC-63 – Affidavit of Service of an Information Subpoena?

1) Gather your case details.

• Case caption. Enter the Plaintiff and Defendant names exactly as on the judgment and prior filings, including any business designations and known aliases. Consistency prevents confusion.
• Docket/index number. Transcribe accurately; a single digit error can derail filing or cause misfiled records.
• Judgment details. Note the judgment date and balance due for your own file and any cover letter or third-party certification.
• Recipient name and address. Include complete residential or business details, with apartment/suite numbers and attention lines for departments or specific individuals.

2) Identify what you served.

• Information Subpoena and written questions. Confirm legibility and relevance. Tailor third-party questions to information that party is likely to know, such as account existence or employment.
• Third-party certification (if applicable). Include a statement that a judgment exists and that you reasonably believe the third party holds relevant information; list it among the items served.
• Cover letter (optional). Briefly state the purpose, deadline, and response instructions; note the enclosure in the affidavit if included.
• Return instructions. Provide a return address or email/fax instructions consistent with court rules, and include the case number on all responses.

3) Choose and complete a service.

• Debtor service. Personal delivery is direct and avoids receipt disputes; certified or registered mail is also acceptable. If mailing, use a service with tracking and, if possible, a return receipt. Immediately record tracking numbers and keep receipts.
• Third-party service. Typically, use certified or registered mail, return receipt requested, addressed to the entity’s proper legal name and, if known, the legal/subpoena department or central processing office. For banks, confirm the correct address for legal papers.
• Preserve proof. Keep the postal receipt, online tracking confirmations, and the signed return receipt if received. For personal service, keep the process server’s documentation and your own notes describing the exchange.
• Use a qualified server. For personal delivery, select a competent adult who can later describe the service event. Avoid using someone who may be unavailable or unable to testify if needed.

4) Fill in the affidavit body.

• Court and case. State “Civil Court of the City of New York,” then enter the exact caption and docket/index number as on your judgment and subpoena.
• Recipient identification. Name the person or entity served exactly as on the envelope and documents, including any attention line or title used.
• Service address. Provide the full address, including unit/suite and city, state, ZIP code, and specify branch or office if relevant.
• Date and time of service. Record precisely; the response deadline turns on this detail.
• Method of service. State personal delivery, certified mail, or registered mail. If by mail, include tracking number and indicate return receipt requested if used; if personal, note how delivery occurred.
• Items served. List the Information Subpoena, written questions, third-party certification (if any), and any cover letter or instructions.
• Personal service details. Identify the person who accepted service (name/title, or physical description if unknown); state whether service occurred at a residence or business and whether the recipient appeared authorized.

5) Identify the server.

• Server identity. The person who actually mailed or delivered the papers must complete and sign the affidavit to provide firsthand testimony.
• Contact information. Provide the server’s full name, address, and a phone or email so the court or parties can follow up if necessary.
• Eligibility statement. The server should state they are over 18 and that the affidavit’s statements are true; if a professional process server, noting that role can add context.

6) Notarize the affidavit.

• Sign only before a notary. Do not pre-sign. The notary must verify identity and witness the signature.
• Jurat completion. Ensure the venue (state and county), date, notary signature, commission, and stamp/seal are legible and complete.
• Identification. Bring a valid ID. If using permitted remote notarization, follow the procedures precisely so the jurat reflects the correct details and method.

7) Attach supporting papers.

• Mailing proofs. Attach copies of certified/registered mail receipts and any return receipts. If the green card or electronic confirmation arrives later, add it to your file.
• Personal service proofs. If a process server was used, keep their affidavit or receipt with your records and, if helpful, attach a copy to reinforce your proof.
• Copies of enclosures. Maintain a complete copy of what was served. In the affidavit, you may note the number of pages to clarify the scope of materials.

8) Keep or file the affidavit.

• File retention. Keep the original notarized affidavit and attachments together. Scan and store a digital copy labeled with the case number and service date.
• Court filing. File the affidavit when you seek court intervention, such as a motion to compel or to address noncompliance. Follow local procedures for submission.
• Using the affidavit. Present it to establish that the recipient received the subpoena, that the response time ran, and that service was made using a recognized method.

Tip: Recipients generally must answer within seven days after receiving the Information Subpoena. Your affidavit helps prove when the clock started and supports further enforcement if the deadline passes.

Legal Terms You Might Encounter

• Affidavit: A sworn, notarized written statement; here, it records how service occurred.
• Service: Delivery of legal papers by a method the court recognizes as valid.
• Information Subpoena: Post-judgment written questions to a debtor or third party about assets or income.
• Judgment: The court’s money award in your favor; it authorizes the use of post-judgment discovery tools.
• Judgment Creditor/Debtor: The party owed money/the party who owes money under the judgment.
• Third-Party Recipient: A non-debtor with relevant information, such as a bank or employer.
• Deponent: The person who signs the affidavit, swearing to the truth of its contents.
• Jurat: The notary’s certification showing when and where the oath was taken.
• Docket or Index Number: Your case’s unique identifier; it should match across all documents.
• Personal Delivery: Handing the papers directly to a person or authorized recipient.
• Certified/Registered Mail: Trackable mail services that can provide delivery confirmation.
• Return Receipt: Signed proof of delivery, often a green card or electronic equivalent.
• Proof of Delivery: Documents like postal receipts, tracking printouts, or process server affidavits showing delivery.
• Venue: The state and county listed in the notary’s jurat where the affidavit was notarized.
• Perjury: Knowingly making a false statement under oath; it carries penalties.
• Motion to Compel/Contempt: Requests to force answers or penalize noncompliance, often supported by your affidavit.
• Certification for Third Parties: A statement included with third-party service asserting a judgment exists and relevant information is believed to be held.

FAQs

Do you have to sign the CIV-SC-63 if someone else mailed or delivered the papers?

No. The person who actually mailed or personally delivered the subpoena should sign. Courts prefer firsthand knowledge. If staff handled the mailing and retained the receipt, that staff member should sign. If a process server performed personal service, the process server signs and notarizes. If the wrong person signs, you may be required to submit a corrected affidavit or even testimony, causing delay.

Do you need a notary for the CIV-SC-63?

Yes. This is a sworn affidavit. The signer must appear before a notary, who verifies identity, witnesses the signature, and completes the jurat. Do not sign beforehand. If corrections are needed, make them before notarization, or prepare a new affidavit if you discover an error afterward. Remote notarization, if used, must strictly follow the required procedures.

Can you serve the information subpoena by email and still use this affidavit?

Only if a judge authorizes it for your case. Standard practice is personal delivery or certified/registered mail because those methods generate reliable proof. If a court permits email service, the affidavit should reflect that authorization and include the email address used, the date and time sent, and any delivery/read confirmation. Without express permission, use approved delivery methods.

What if the mailing is returned undelivered?

Keep the returned envelope, note the tracking results, and do not rely on that attempt as valid proof. Verify the address, check for moves or forwarding, and try service again with a corrected address or method. Prepare a new affidavit for the successful attempt. Keep the returned envelope in your file to show diligence and explain timing if needed.

Can you use one CIV-SC-63 for multiple people or businesses?

No. Complete a separate affidavit for each person or entity served. Each service event involves different dates, addresses, and methods. Combining them creates confusion and proof problems. Separate affidavits let the court evaluate each service independently.

What if you notice a mistake after notarizing the CIV-SC-63?

Do not alter a notarized document. Prepare a new, corrected affidavit that accurately states the facts, then re-sign and re-notarize. Keep the original, marked as superseded, in your internal file. If the mistake affects material details—date, method, address, or recipient—rely only on the corrected affidavit.

Do you file the CIV-SC-63 immediately after service?

Not usually. Many practitioners keep the affidavit until they need to seek court relief, such as a motion to compel answers or to seek sanctions. Organize and store the original affidavit and proofs immediately, and create a digital copy so you can file quickly if needed. Follow your court’s specific practices.

Can someone under 18 serve and sign the affidavit?

No. The server should be an adult. Service by a minor can undermine credibility and may be deemed improper. Choose a reliable adult—often a process server or trained staff—who will be available if the court has questions.

Checklist: Before, During, and After the CIV-SC-63 – Affidavit of Service of an Information Subpoena

Before signing

• Case caption matches judgment and subpoena, including business designations and aliases.
• Docket/index number is accurate and legible.
• Full recipient name and complete address, including any apartment/suite and attention line.
• Copies of everything served: Information Subpoena, written questions, certifications, and any cover letter.
• Service method chosen and recorded: personal delivery or certified/registered mail (return receipt for third parties).
• Tracking details on hand: postal receipts, tracking numbers, and process server job numbers as applicable.
• Server’s full name, role (if relevant), contact information, and confirmation that the server is over 18.
• Notary availability and valid ID arranged.
• Plan to attach return receipts or tracking confirmations when available.

During signing

• Verify court name, case caption, and case number exactly as on the served documents.
• Confirm the recipient’s name and address as used for service.
• Enter date, time, and method of service with specifics; include tracking number for mail.
• List all items served: subpoena, questions, any third-party certification, and cover letter/instructions.
• Server affirms truthfulness and age; signs only in the notary’s presence.
• Notary completes venue, date, signature, commission, and stamp/seal legibly.
• Avoid blanks; if an error is discovered pre-signing, correct clearly or reprint a clean form.

After signing

• Attach mailing receipts, tracking printouts, and any return receipts; label with case number and recipient.
• Scan and securely store a complete set (affidavit and attachments).
• Calendar the seven-day response window from receipt, with follow-up reminders.
• Monitor tracking and mail for delivery confirmations; update your file when new proofs arrive.
• Use the affidavit to support reminders, renewed service, or motions if no response is received.

Common Mistakes to Avoid CIV-SC-63 – Affidavit of Service of an Information Subpoena

• Wrong signer. The person who actually mailed or delivered must sign; otherwise, the affidavit lacks firsthand knowledge.
• Incomplete address. Missing apartment/suite numbers or an incorrect department can derail service; verify before mailing.
• Unapproved delivery method. Email or regular mail is generally not acceptable without court authorization; use personal delivery or certified/registered mail.
• Improper notarization. Signing outside a notary’s presence or altering after notarization risks rejection; prepare a corrected affidavit instead.
• Vague item list. Clearly list the subpoena, written questions, any third-party certification, and cover letter; ambiguity invites disputes.
• Missing tracking details. Include tracking numbers and attachments; without them, proof may be deemed insufficient.
• Wrong service date. The response clock depends on delivery; if the date is wrong, replace the affidavit with a corrected version.
• Missing third-party certification. When serving non-debtors, include the certification or risk objections and delays.

What to Do After Filling Out the Form CIV-SC-63 – Affidavit of Service of an Information Subpoena

1. Finalize the affidavit. Ensure notarization is complete and attachments (mail receipts, tracking, or return receipts) are assembled.
2. Audit for accuracy. Cross-check the recipient, address, method, tracking numbers, service date/time, and case number against what was actually sent.
3. Decide on filing. Keep the affidavit in your enforcement file, and file it with the court when you seek to compel answers or address noncompliance.
4. Track deadlines. Count seven days from the recipient’s receipt date; plan reminders and next steps if responses do not arrive.
5. Correct errors promptly. If you discover a material mistake, prepare a new affidavit; if service was defective, re-serve and document properly.
6. Coordinate internally. Share copies with your team so everyone understands the service method, timeline, and planned follow-up; secure the original.