The enforcement officer cannot locate the judgment debtor’s assets for you. You must provide this information to the enforcement officer. An “information subpoena” is a legal document that directs a person, corporation or other business to answer certain questions about where the judgment debtor’s assets can be found. You may use an information subpoena to obtain information about the scope and location of the judgment debtor’s assets.
The small claims clerk will issue an information subpoena for a fee, will assist you with the preparation and use of the information subpoena, will sign the information subpoena, and also may provide a pre-printed questionnaire to include as part of the subpoena. The small claims clerk cannot, however, give you legal advice or make a specific determination whether particular assets may be taken or may be exempt. You also may purchase the necessary forms from a legal supply store or copy the necessary forms from a legal form book that may be found in any law library.
You may send an information subpoena to the judgment debtor and to any person, corporation or other business that you believe has knowledge about the judgment debtor’s assets, such as a telephone or utility company, employer, landlord or bank. You should send the information subpoena, two copies of the written questions and an envelope addressed to yourself with the correct amount of postage. These documents may be sent by regular mail or by certified mail, return receipt requested.
Other Ways to Find A Judgment Debtor’s Assets
If you or someone you know has a canceled check given to the judgment debtor, the name of the judgment debtor’s bank may appear on the back. You can provide this information to the enforcement officer.
You can check with the New York State Department of Motor Vehicles to find out if the judgment debtor owns a car. If the judgment debtor owns a car, the enforcement officer can take it and sell it to pay your judgment. You must give the enforcement officer the model, year, license plate number and location of the car. If the judgment debtor borrowed money to buy the car, that loan must be paid before you can get any money from the sale. Also, you will have to pay towing and storage fees in advance to the enforcement officer. You should con- tact the enforcement officer regarding the amount of these fees.
Once you receive information regarding the location of the judgment debtor’s assets, you need to obtain an “execution,” which is a document signed by the court clerk or the judgment creditor’s attorney, that directs the enforcement officer to take a judgment debtor’s property or money. The execution provides information to the enforcement officer regarding the assets you want taken and where they can be found.
Executions are legal documents, and a form for an execution may be obtained from a law library or a legal supply store. There are two types of executions:
“Income Executions” direct the enforcement officer to obtain payment from the judgment debtor’s wages until the full amount of your judgment is paid.
“Property Executions” direct the enforcement officer to obtain payment through other means, such as bank accounts or sale of property. Preparation of these documents is not the duty of the small claims clerk or the enforcement officer. You have the responsibility of obtaining and properly preparing execution papers and obtaining the required signature of the clerk or attorney.
If you are preparing an execution for personal property (not real estate or wages) located within the same county as the Small Claims Court in which the judgment was entered, your attorney or the small claims clerk, at the discretion of the judge of that court, may sign the execution papers for issuance. If the personal property is located in a county different from the one in which judgment was entered, contact the County Clerk of that county for information about how to proceed.
For more information locating assets visit www.undisputedlegal.com or call 1.800.774.6922 for a free quote. Open Monday-Friday 8am.-8pm. “When you want it done right the first time” contact undisputedlegal.com. #locatingassets #smallclaimcourt #judgments
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