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Question

I have won a judgement in small claims court. I have a notarized information subpoena with all information about debtors bank account. I have been to the city marshal and they tell me that I still need more information. This process has been going on since Feb of 2009. Is this the way small claims court works. Everytime I try to get all the informaion to complet this process some one tells me I need to supply more information. I am at my limit , could someone please tell me what I need to do. I get the runa round everytime I try to get this matter resolved.
thank you
Marc Rothstein
XXXXX@XXXXXX.XXX

Submitted: 109 days and 21 hours ago.
Category: Employment Law
Value: $28
Status: CLOSED
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Optional Information



Already Tried:
I have sent return recipt letters to the debtor

Posted by MI-Lawyer 109 days and 19 hours ago.

Info Request

Thank you for using JustAnswer!

What state did you receive the small claims court judgment in?

109 days and 19 hours ago.

Reply

Bronx county New York City

Posted by MI-Lawyer 109 days and 19 hours ago.

Answer

Thanks. The New York court system has helpful online information for collecting the judgment at http://www.nycourts.gov/courts/nyc/smallclaims/collectingjudgment.shtml

I hope that you find that this resource answers/links you to the answers of those issues which are frustrating you.

Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!

109 days and 18 hours ago.

Reply

I have this information aready and I have had this information for the last 5 months.

Posted by MI-Lawyer 109 days and 18 hours ago.

Answer

I hope you understand that I do not have the Information Subpoena that you have completed. Do you have the necessary information on it so that the marshal can identify the bank, the account holder, the account number, etc.?

Have you asked the marshal what additional information s/he needs?

Have you spoken with the court clerks? They cannot give legal advice but they can give procedural information.

109 days and 17 hours ago.

Reply

I guess that I was not clear. It seams that everytime I go to the court or to the marshal they keep telling me that I need to get more information Yes the subpoena has all the information that the court requested. It was a form given to me by the court after I had been the the court 3 times before Each time the court tells me I need to get information and they dole out information just a little at a time. I have been to the court at least 5 times and to the city marshal 3 time to the post office 3 times and all the time the debtor has not paid me anything. It seams that the system makes you work so hard that you give up. But I am not giving up.

Thank you

Posted by MI-Lawyer 109 days and 17 hours ago.

Info Request

Have you had someone other than a marshal attempt to serve it?

109 days and 17 hours ago.

Reply

As a matter a fact I have been sent two letters that provide a service for a fee. At 40% off the top it makes no sence to use the service and I think my only way is thru the marshal

I quess that you can not give me the answers that I need or point me in a better direction than I am already going

Thank you for your time

Accepted Answer

Because I do not have your papers to review, I simply am unable to say X, Y, and Z.

However, court staff can give procedural information. Maybe the staff at that court are not well-trained. You should feel free to go back to that court and politely ask to speak to the supervisor who oversees the small claims court division. When they ask what it's about (they like to stall and avoid such a meeting), you simply say that you want to discuss an experience you've had with the employees. They'll ask for detail ... just be firm that you want to speak with the supervisor. You may have to make an appointment and come back another time. But meet with the supervisor and share the experiences/frustrations you've had, just like you've done here. I'll bet that supervisor will give you the specific direction you're seeking.

Good luck!

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Expert: MI-Lawyer
Pos. Feedback: 95.7 %
Accepts: 
Answered: 8/6/2009

Lawyer

12 years of employment law experience assisting both employees and employers

109 days and 17 hours ago.

Reply

Although you have not really been helpful I will accept your help.

Posted by MI-Lawyer 109 days and 17 hours ago.

Answer

Good luck to you. The supervisor deserves to know what's happening on the front line and it should be the opening for the assistance you seek.

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