• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Defendant didnt answer information subpoena

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

rodnig1

Member
What is the name of your state (only U.S. law)? New York

after winning small claims case, and not being paid. i had issued an information subpoena. its been 3 weeks and the defendant hasn't answered it.

im looking for suggestions for what i should do next.

thanks in advance for any assistance.

Rodney
 


rodnig1

Member
i saw the judge today, and he said that to pursue a contempt of court charge, i would have to hire a lawyer. is this true?? or is it something that i can actually do on my own?
 

You Are Guilty

Senior Member
Nothing "requires" a lawyer in court. (However, doing things correctly often do).

If you know what documents to file, how to file them, when then need to be filed, and where they need to be filed, you are 100% permitted to attempt this yourself. (And even if you don't!)
 

rodnig1

Member
thanks!

hate to sound ignorant... but, are you familiar with the forms that i need to fill out? like form numbers?

thanks again
 

You Are Guilty

Senior Member
Try the link I posted. There is no "form" per se. Almost all docs that you would need are created from scratch. But there should be some helpful info on the NY Courts website.
 

rodnig1

Member
since his father owns the building that he lives in, and also owns the truck that he is driving. i decided to send the father an information subpoena. that will give me the proof of delivery that i need, and should also give me the info that i need also.

than i can move forward with the contempt of court charge
 

rodnig1

Member
Ja mon, ow do we know wha dey be doin? Maybe dey be rejectin', maybe dey not. What dat dem reasons dey give ya?
nice!! :) i didn't even realize that i did that, thanks for the chuckle.

the USPS has left them 2 notices at each of the addresses, and they have not bothered to pick it up yet.
 

You Are Guilty

Senior Member
http://public.leginfo.state.ny.us/LAWSSEAF.cgi?QUERYTYPE=LAWS+&QUERYDATA=@SLCVP0A3+&LIST=LAW+&BROWSER=BROWSER+&TOKEN=57179734+&TARGET=VIEW

Read sections 306 through 317. You may have to try a difference form of service if they continue to dodge their mail.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top