information subpeona in NY

[dhein]

What is the name of your state? NY

Can someone tell me how I get an information subpeona served on the debtor in a small claims judgment? Everyone is giving me the run around. Town court that heard the case, the county court (the man is appealing), and the sheriff's office. They all say it's someone else's job. Also, I was told by the lower court that unless the appeallant posted an undertaking or bond, which he didn't, that I can proceed with enforcing the judgment. The county court clerk is telling me I can't proceed until after the appeal is decided. Help. Thank you.

 

[BL]

Your title : Information subpoena , is a bit confusing with appeal .

If you are referring to a Trial De Novo ( Appeal ) then the defendant has that right . The case then starts from scratch .

If you are referring to an appeal from the trial DE Novo , then ,

http://www.courts.state.ny.us/courts/7jd/city_civil/civilappeals.shtml

Stay of Judgment
A pending Appeal does not prevent the prevailing party from taking steps to enforce the Judgment. You can seek a stay of the Judgment pending Appeal which involves filing an Undertaking (paying the amount of the judgment) with the City Court pending the determination of the Appeal

The appellant could have filed a stay of judgment . If not you could proceed with the collection .

Check with the courts clerk to see if a stay of Judgment was filed and approved .


To request an Information Subpoena , you request it at the clerk's office where the Judgment was entered . They will send you the forms and instructions on how to serve it.

Don't count on them being held in contempt if they don't respond to it .
As I was told you can serve it ( I did this ) but they don't have to respond (They didn't ).

I in turn filed a transcript of Judgment with the County Clerk's Office .
The Defendant paid , but that doesn't always happen .