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BL

Senior Member
What is the name of your state?

NY I requested an information subpoena . I had requested a Caption change to include a D/B/A that has gone out of Business to include the Owner's name . The clerk said the change was granted by the Judge and it was sent out to me yesterday .

I was told I'd have to take the subpoena from bank to bank ( not by the clerk ) but a Marshal .

If I do find a bank account in his name , how do I get my award from it , without having a collection agency do it ?

What ways can I personally collect this award , and what procedures do I use ?
 


JETX

Senior Member
Blonde Lebinese said:
What is the name of your state?

NY I requested an information subpoena . I had requested a Caption change to include a D/B/A that has gone out of Business to include the Owner's name . The clerk said the change was granted by the Judge and it was sent out to me yesterday .

I was told I'd have to take the subpoena from bank to bank ( not by the clerk ) but a Marshal .

If I do find a bank account in his name , how do I get my award from it , without having a collection agency do it ?

What ways can I personally collect this award , and what procedures do I use ?
Either you are confused or someone else is. Lets see.... where to start???
1) Do you have a judgment already? If not, what authority gives you the power of subpoena??
2) DBA's by their nature are already inclusive of the 'parent' (individual or corporation). You would not need to amend.
3) The subpoena cannot be delivered by you, a party to the action. NY CPLR §2303 shows that a subpoena must be served in the same manner as a summons.
4) Even if you could serve the subpoena yourself, you can't just get one and then start 'shopping' it around. You have to have a separate subpoena for each entity you want to serve.
5) Finally, as to how to get funds if you find the debtors bank, you would have to file a levy request with the court.

I suggest you get a book titled something like 'How to Win in Small Claims Court in New York'. The last chapter or two will describe how to collect a judgment.
If you don't have a judgment, you can't touch their bank funds.
 

BL

Senior Member
JETX said:
Either you are confused or someone else is. Lets see.... where to start???
1) Do you have a judgment already? If not, what authority gives you the power of subpoena??
2) DBA's by their nature are already inclusive of the 'parent' (individual or corporation). You would not need to amend.
3) The subpoena cannot be delivered by you, a party to the action. NY CPLR §2303 shows that a subpoena must be served in the same manner as a summons.
4) Even if you could serve the subpoena yourself, you can't just get one and then start 'shopping' it around. You have to have a separate subpoena for each entity you want to serve.
5) Finally, as to how to get funds if you find the debtors bank, you would have to file a levy request with the court.

I suggest you get a book titled something like 'How to Win in Small Claims Court in New York'. The last chapter or two will describe how to collect a judgment.
If you don't have a judgment, you can't touch their bank funds.
1 )Yes I have a Judgment .The balance is $378.42 Plus interest should be added since May,31st,o4 , but I'm not worried about the small amount of interest.

2) According to the Clerk at the Time of requesting the Subpoena , she told me I'd have to amend , the clerk said to contact the collection Marshall, he said the same thing . So I did . ( Also per an Attorney call - no charge , stated to do the same ).

3 ) NY 7th JD Service of the Information Subpoena:
The Information Subpoena and two copies of a set of written questions and a prepaid return envelope may be served by ordinary or by certified mail, return receipt requested.
I received the subpoena with the an original and copy with the caption amended , and sent one set Certified RR , and one set Reg. US postal .

4) After reviewing some material , I realized I need separate types of Information subpoenas For other entities . When I had talked to the Marshall , he did not explain that part, so when I requested the Info . subpoena , I just request an Info . Subpoena .

5) Is there a form for filing a levy , or would I type one up in a form of a Motion , or just write the Judge a request as I did to change the caption ?

Also , I read quite a bit on Motion to show cause . How would I go about this , if he doesn't pay ?

He has 7 days from receipt of Info. subpoena to send me the info. It says he is in contempt if he doesn't .

Has anyone ever been held in contempt for not answering one ?
 
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