NY Collecting: Informational Subpeona/Bench Warrant?

NEW YORK STATE

We recently won a judgement in small claims court. (Town of Manlius, Onondaga County, NY).

In order to collect, we need to know where this person works as well as other information (bank accounts, vehicle titles, etc.) that we could enlist the help of an enforcement officer.

We have filed informational subpeonas to the other party -- but the court clerk told us that rarely do people fill out the requested information and have it notorized as directed by the court. I would hire a private investigator, but we'd quickly spend more money tracking the other party down than we'd recover!

I've noticed that in California, the judge may issue a bench warrant which would compel the person to provide the information at the risk of being arrested.

Does NY subscribe to the same code? What is the proper way to ask for this?

WendyC said:

I've noticed that in California, the judge may issue a bench warrant which would compel the person to provide the information at the risk of being arrested. Does NY subscribe to the same code?

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There are legal processes available to force a judgment debtor to comply with a court order.

What is the proper way to ask for this?

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Contact the court clerk.

Though specific to NYC, the process is the same statewide. You should also read: http://www.courts.state.ny.us/courts/nyc/smallclaims/collectingjudgment.shtml
http://www.consumer.state.ny.us/clahm/clahm-small_claims_court.htm#Collecting the Judgment
http://www.atlasbooks.com/marktplc/10079.htm

Bench Warrant, Procedure

Thank you. I have read through all of that before (and several other state's legalese too.) Our clerk is very efficient, but she said that often the best way to get information is to do it on your own. She never mentioned the "bench warrant". I found that on another web site and wanted to make sure that New York would use it in a civil small claims case -- not just in criminal court before I asked her if the judge would consider it.

If indeed, the defendent doesn't answer the subpeona (given that she doesn't respond to anything, I can't imagine that she'll pay any attention to this!) -- I will visit with the clerk to find out if the judge would help us enforce the informational subpeona. (By definition, isn't a subpeona someting you MUST respond to?)

What is amazing to me is the amount of work you have to go through to get resolution. While you can win by being prepared and presenting a factual case, in the end, you lose if you can't get someone to tell you where their assets are. Crazy.

While the Information subpoenas are legally suppose to be filed out , the Court doesn't enforce the penalties for non compliance which they should in my opinion. After all why put on the document a penalty in the first place ?

Is this person in business , own a home ?

Check with the County clerks . If worse come to worse , you can file a transcript of Judgment ( obtained from the small claims clerk ) , with the County's clerks .

Although this method ( If I'm correct ) bars you from other remedies .

But If this person does a lot of business , filing a transcript of Judgment would most likely effect the businesses He/She is involved in or future endeavors .

I'd use this as a last resort , or if you know it will effect doing business .

It was effective for me , when I couldn't / didn't know how to obtain assets .

No enforcement of informational supoeanas

Thanks for the ideas...

I have learned that in NY you have up to 20 years to collect, AND you can add all the costs that you incur trying to collect, plus 8% interest yearly.

This whole thing is only $2000 so I'm not losing sleep over it. But I do want to teach this person a lesson.

Background:

Former nanny. Great with kids, responsible. Over past six months, she started becoming unreliable, spending all time on the phone. We're planning to move out of state (house on market) so we didn't want to hire a new nanny for a short period of time. She seemed distracted and we asked her several times if something was wrong, and how could we help. We acknowledged the move, promised her a cash bonus to stay with us, and good references.

All was ok, until one week, she didn't show up for work a few times due to extraordinary circumstances. (The cops needed her in court all day to testify, her 8 month pregnant sister had an emergency appendectomy, etc.) In reality, she blew us off to go to ACN meetings (a pyramid -type telephone sales company that promises eager naive people that they can be millionaires by selling phone service to their friends & family.)

We then found out that she charged a car rental on the card we gave her for family use only. She apparently refused to pay the bill in cash, and they charged us. Of course, we confronted her and let her go. She then demanded payment for the days she was out on "personal days". (Have you ever called in, lied and then called it "personal days"?? We refused. She took us to court. We filed a counterclaim because we had been paying her full time wages for part time work with the understanding that we'd keep track of hours and she'd sit through a few weekends, and a few overnights when needed. Anyway, our calculations actually led to us overpaying her by about $2000.

We won the case.

She then served us with a notice that she was appealing. (As if the judge didn't give her an extra week to get more "evidence".) The court has no record of her appeal. (Stall tactics anyone?)

And she seems to think that after disrupting the family for 4 weeks while we found a new nanny, court time, being hassled, etc. that we'll simply forgive and forget.

If it takes me 20 years, she's going to pay us back.

(Sounds vindictive, doesn't it? Am just happy to get it off my chest. it's not the money, its the principle...we treated her with respect and she screwed us. She had a bad credit history and we tried to help her by paying her steady wages...i don't think she ever had a bank account. )

I have good news and bad news for you. The bad news is that the clerk you've been speaking with is, unsurprisingly, wrong. The good news is they erred in your favor. You're entitled to 9% interest, not 8% (CPLR 5004).

In NY Judgments are collectible for either 10 or 20 years ( 20 I believe ) , and renewable upon request with the Court .

Blonde Lebinese said:

In NY Judgments are collectible for either 10 or 20 years ( 20 I believe ) , and renewable upon request with the Court .

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20 years (CPLR 211(b))

20 years and 9%

Wow!

Thank you for all of the information.

As expected, we're going to have to serve her with the informational supoena because she won't pick up her certified mail.

Let's the games begin!

Ah, the joys of small claims....

Best,

Wendy