Serving Subpoena for Information to someone who is incarcerated

[pgb205]

This is in NY State.

I've won small claims case against someone, but they are not paying up.
I tried sending Subpoena for Information to find out more about their assets,
but obviously the mailing is not reaching them.

Can I somehow serve someone who is in jail? I also know who their Parole Officer
is. Does it make sense to ask the PO to see to this matter?

Also, what is the process of requesting from DMV the information about this persons'
motor vehicles, if any?

thanks

 

[BigMouthWino]

This is in NY State.

I've won small claims case against someone, but they are not paying up.
I tried sending Subpoena for Information to find out more about their assets,
but obviously the mailing is not reaching them.

Can I somehow serve someone who is in jail? I also know who their Parole Officer
is. Does it make sense to ask the PO to see to this matter?

Also, what is the process of requesting from DMV the information about this persons'
motor vehicles, if any?

thanks

The process for serving a subpoena in jail is simple. Obtain the subpoena from the court and have it served by the local sheriff (or whoever does process serving there). If they know that he is in jail (because you will tell them where and an inmate number) they will arrange for the jail to bring him up so he can be personally served with the subpoena.

There is not much his probation officer can do for you. You can attempt to find out where he's working in order to initiate a wage garnishment through the PO, but according to you he is in jail so probably is not working.

 

[BL]

http://www.courts.state.ny.us/courts/nyc/smallclaims/collectingjudgment.shtml

http://www.courts.state.ny.us/courts/nyc/smallclaims/collectingjudgment.shtml

There are different ways of service ,one I use is certified mail ,read up on it .

Also read about DMV.

 

[pgb205]

So I used Sheriff's services to serve the subpoena papers to the defendant. I received the official statement that the document was served as well as
the original(!) back. Court clerk told me that the original is what should've been served and not the copy. However, calling sheriff's office I was told
that I get to keep the original and the defendant is only served with the copy. Who's right here?

thanks

 

[BL]

So I used Sheriff's services to serve the subpoena papers to the defendant. I received the official statement that the document was served as well as
the original(!) back. Court clerk told me that the original is what should've been served and not the copy. However, calling sheriff's office I was told
that I get to keep the original and the defendant is only served with the copy. Who's right here?

thanks

This is the right way.

LOCATING ASSETS

1. Information Subpoenas

If a Small Claims judgment has been entered in your favor, you may obtain an information subpoena from the Small Claims clerk upon payment of a $2.50 fee. If you request it, the clerk will assist you in the preparation and use of the information subpoena forms. Some stationery stores also sell information subpoena forms.

An information subpoena is a legal document that may help you to discover the location of assets of the judgment debtor (defendant). It is a legal direction to a person or institution to answer certain questions about where the assets of the defendant are located. The information subpoena may be served upon the judgment debtor and upon any person or corporation that you believe has knowledge of the judgment debtor's assets -- for example, the telephone company, landlord, or bank. Separate forms are used for service on the judgment debtor and service on any other person or corporation.

The person or corporation served with an information subpoena must answer the questions served with the subpoena within seven days of receipt.

The information subpoena, accompanied by two copies of a set of written questions and a prepaid addressed return envelope, may be served by ordinary or by certified mail, return receipt requested.

http://www.courts.state.ny.us/Ithaca/CITY/webpageGuidetoSmallClaims.html#anchor121690