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Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 36980
Experience:  30 years in civil, probate, real estate, elder law
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I'm from New York and have a small claims lawsuit and the

Customer Question

I'm from New York and have a small claims lawsuit and the defendant moved to Colorado, what forms do I need to domesticate the judgement and what form do I need to subpoena the defendants bank? Also, are their any other forms I will need?
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Here are the steps and forms to domesticate the foreign judgment.

https://www.courts.state.co.us/Forms/PDF/JDF%20137%20Instructions%20for%20Filing%20a%20Foreign%20Judgment%20R7-13%20.pdf

Expert:  Ray replied 1 year ago.

You can subpoena the records back in NY here..

https://www.nysba.org/WorkArea/DownloadAsset.aspx?id=21670

If the debtor doesn't appear they issue a pick up warrant and they may pick him up out of state and bring him back to NY for the exam.

Expert:  Ray replied 1 year ago.

http://www.sbkass.com/new-york-bankruptcy/taking-a-debtors-exam-after-losing-a-lawsuit/

You need to file debtor exam in NY. Domesticating this is Colorado is an administrative clerical function.You need not appear and the courts are not involved so no subpoena here in Colorado but rather in court where you got judgment.And you domesticate it so that once you have the account information you could then file a levy/garnishment action in Colorado.

Customer: replied 1 year ago.
I know which bank the debtor has an account with, what form do I need or what step do I take once I know this?
Expert:  Ray replied 1 year ago.

https://www.courts.state.co.us/Forms/PDF/Form%2026T%20Writ%20of%20Continuing%20Garnishment%20%20R8%2013%20%28FINAL%29.pdf

step by step.

https://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=29

Customer: replied 1 year ago.
Once I file the levy/garnishment will the court take the steps to garnish the money from the bank account?
Expert:  Ray replied 1 year ago.

Yes you serve it on bank here..

Customer: replied 1 year ago.
Which form is for the levy/ garnishment? Is there anything else I would have to do or will the court take it from there.
Expert:  Ray replied 1 year ago.

You might want to consider a debt collector here, it is contingent fee given the distance.

https://www.empirecollectionagency.com/?gclid=CMCBm8mdp8kCFcpCXgodFMwAWg

Customer: replied 1 year ago.
I don't know if my judgement is is district court or county court, what's the difference?
Expert:  Ray replied 1 year ago.

District court is a higher amount here, if it is over $10k probably district court.You need to know--it will be stated on the judgment.

Expert:  Ray replied 1 year ago.

The County Court also has limited jurisdiction in civil cases involving amounts up to $25,000. In addition, the County Court acts as an intermediate appellate court, hearing appeals from the City Courts and the Town and Village Courts.

District Courts.

They have civil jurisdiction over claims up to $15,000 and small claims matters not in excess of $5,000. If you sued in small claims it was District.