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Dave Kennett
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience:  25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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I have an outstanding judgement to collect. The JD has paid

Resolved Question:

I have an outstanding judgement to collect. The JD has paid taxes in the past and currently has a tax lien against him. Hence, the IRS would have some financial information on the person, such as from what bank they received payment from. To whom do I send the information subpoena to? I am from New York.
Submitted: 2 years ago.
Category: Legal
Expert:  Dave Kennett replied 2 years ago.
DearCustomer- The IRS will not release any information on anyone and a state court subpoena has no effect on a Federal agency. What you need to do is have the debtor ordered into the court where the judgment was issued and answer questions under oath in a debtor's examination. You can ask question about all aspects of the debtor's finances and have he or she produce financial records. The IRS is the last place to get information since they will not cooperate in these matters. If they are seeking money from this person they will want it before you get any and they certainly aren't going to assist you in getting paid before they do. You can apply through your court for an order for a debtor's examination. If the debtor fails to appear after having been served he or she can be jailed for contempt of court.
Customer: replied 2 years ago.
Thank you for the help. Does small claims courts allow debtor's examinations?

Also, couldn't the debtor say that he has no financial information, or only a small bank account with let say, a few thousands? Despite having three homes?

Furthermore, if the JD provides information, couldn't he simply run out after court and move the money? Then would my next option be a business record subpoena? Thanks again.
Expert:  Dave Kennett replied 2 years ago.
If he owns real estate then you can file your judgment in the county where the real estate is located and that will create a lien so that he would have to pay the judgment if he ever sold or refinanced the properties. Yes he could remove the money from his banks and you could file an action for a "transfer to avoid creditors". Collecting a debt is always much more difficult than getting a judgment. You will probably have to have the judgment certified in the general court division since most small claims courts will not handle post judgment actions. You would have to contact the individual court and ask. From a practical standpoint you may want to consider hiring a collection attorney on a contingency basis. Something is always better than noting and you could end up chasing this debtor for years and paying filing fees etc. Collection attorneys have the skill and knowhow to collect debts and what need to be filed. It's something you may want to consider.
Dave Kennett, Lawyer (JD)
Category: Legal
Satisfied Customers: 27687
Experience: 25 years experience in general law, including real estate, criminal, traffic, and domestic relations
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