Motion For Contempt Help?

1. I am b18c_ej8 and reside at _____. On September 14, 2005, Utica City Small Claims Court issued a judgment in my favor in the amount of $946.51. This judgment was entered, filed and served on Mr. Defendant on this date. Attached hereto as Exhibit A is the copy of the Judgment Notice from the City Court.
2. On November 2, 2005, I sent Mr. Scumbag a letter requesting that he satisfy his obligation to me pursuant to the judgment, and a copy of the Judgment Notice. Attached hereto as Exhibit B are copies of the correspondence I sent to Mr. Deadbeat and proof of delivery from the United States Postal Service.
3. After receiving no response from Mr. Defendant for ninety-two days, I contacted the Clerk of Utica City Court and requested an Information Subpoena. I served Mr. Whatever with the required two copies of the Information Subpoena and a self-addressed stamped envelope via Certified Mail, Return Receipt Requested on February 10, 2006. Attached hereto as Exhibit C is a copy of the correspondence he received on this date and proof of delivery.
4. Mr. Debtor was required by the Court to complete and return the Information Subpoena to me within 7 days, yet he has failed to do so, and quite obviously has no intention of complying with the Court_s order. It is clear that Mr. Money-Ower is carrying out a personal vendetta against me.

WHEREFORE, I respectfully petition the Court for an order holding Mr. Backstabber in contempt of court for failure to comply with an order of Utica City Court _ Small Claims dated February 6, 2006, and served on February 10, 2006 which compelled him to complete and return to me the Information Subpoena.

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b18c_ej8 said:

What is the name of your state? NY

A little background info:

I was awarded a judgment in September 2005. Of course, defendant didn't pay within the 30 days, so I got the City Marshall involved. Paid my marshall fees, provided copies of cancelled checks and other pertinent info, but got a letter from the Marshall that he couldn't locate assets.

Went back to the court, filed for an Information Subpoena and served it via certified RRR. He had 7 days to respond but hasn't. Called the court, and they told me that they have done everything they could do, but since he didn't return the form, he's in contempt of court, but I need to pursue that myself.

Did a little digging, and I think I have a good idea of how to file, but I'm a little unsure of what to file with my motion. I've been reading other motions for contempt on the web and have typed up my first (very rough) draft...

Could any of the experts read this over and let me know if this will be sufficient to file with the Supreme Court or what I need to do??



I will submit copies of everything I have, so I didn't want to get too detailed and redundant, but I'm definitely not sure that what I wrote is going to be sufficient...

I'm pretty confident in my letter writing skills (been cleaning my credit for the past year and have been pretty sucessful) so I'm sure that I can handle this pro se, but just need some "guidance"...

Thank you!

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dcatz said:

I'm going to suggest that it's not so much a matter of the form of your petition as the adequacy of your remedy.

By that, I mean that civil contemmpt for a refusal to provide asset information just doesn't "pack a punch" in almost any jurisdiction, because there is normally a lack of resources to enforce it, especially in a large metro center. As it is, I'm surprised that you have to file a motion at all, as opposed to perhaps filing a Declaration that there was no response to the subpoena and paying a fee for a contempt order.

With absolutely no pride of authorship, let me point you to my first response on these forums, because it was in reply to a post like yours:
https://forum.freeadvice.com/showthread.php?t=279106

Use the "search" mechanism, and you'll find many threads like yours. I think that the most telling thing that you should recognize is that the court has informed you that it can't be any more help. Ask the local sheriff or marshal, and I'll bet that you'll be told that they don't go out and do a "body attachment" (arrest) for a civil warrant. They don't have the resources, facilities or manpower. Imagine how many Small Claims judgment debtors ignore those things. In my state, you would pay $50 for a civil warrant, it would be valid for 6 months, it would stay within the jurisdiction and wouldn't be wired state-wide and, unless there was a coincidental traffic stop, or something of a similar nature, at the end of 6 months no one would remember it happened.

Moral? Find other ways to get your asset information. What if your debtor had sent it back but lied? These things are largely a waste of time.

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By that, I mean that civil contemmpt for a refusal to provide asset information just doesn't "pack a punch" in almost any jurisdiction, because there is normally a lack of resources to enforce it, especially in a large metro center.

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Originaly Posted by b18c_ej8
I'm pursuing this on principal...

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