This form is a subpoena in an adversary proceeding. The form must have the signature of the issuing officer and proof of service is required.
Florida Subpoena in an Adversary Proceeding - B 255
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US-B-255
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How to fill out Subpoena In An Adversary Proceeding - B 255?
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FAQ
Under Federal Rule of Civil Procedure 45, any party who is at least 18 years old and not a party to the lawsuit can serve a subpoena anywhere in the United States. While it's possible that a government agency would improperly serve a subpoena, in practice, this is rare.
(1) Every subpoena for testimony before the court must be issued by an attorney of record in an action or by the clerk under the seal of the court and must state the name of the court and the title of the action and must command each person to whom it is directed to attend and give testimony at a time and place ...
Under Rule 45, federal subpoenas can be served by any means authorized under the Federal Rules of Civil Procedure. This allows for delivery either in person or by certified mail[1].
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
Personal Service: Pursuant to FRCP Rule 45(b)(1) a subpoena must be personally delivered to the person whose attendance is required by the subpoena. A person who serves the subpoena must be at least 18 years of age. A person who serves the subpoena cannot be a party to the proceeding under which the subpoena is issued.
?Any person who is at least 18 years old and not a party may serve a subpoena. Serving a subpoena requires delivering a copy to the named person and, if the subpoena requires that person's attendance, tendering the fees for 1 day's attendance and the mileage allowed by law.
Sometimes an adversary proceeding will arise when a debtor owns property with someone else. The trustee may need to bring a lawsuit to divide your interest in the property from the interest of the co-owner so that they can force a sale and take the proceeds to pay your creditors.
Subpoenas are issued by an attorney on behalf of the courts and are created by a court clerk, judge, or notary public. They can be hand delivered, emailed, sent via certified mail, or even read out loud in person.