Legal Question in Credit and Debt Law in New York

Appearance at arrest warrant hearing

I have been trying to collect on a 5 year old small claims judgment I have against a home improvment contractor. As instructed by the district court clerk I have followed the following steps:

1. Served the defendant with an information subpoena & questionnaire to disclose assets - defendant did not respond.

2. Served the defendant with an order to show cause to punish for contempt for failing to answer the information subpoena - defendant did not appear.

3. Served the defendant with an order imposing fine - defendant did not respond.

4. (reluctantly) Submitted a warrant for arrest, which the judge signed, and I submitted same to the county sheriff.

I was just mailed a notice from the sheriff that the defendant posted bail and is scheduled to appear in court next week. My question is: At this point is this hearing, to answer a warrant issued by the court, between the court and the defendant only, or would it be wise for me to attend? And if I attend, what role do I have in this hearing, if any? I don't really want the guy go to jail, all I ever wanted was to compel him to pay the judgment, which due to his unresponsiveness has grown to much more than the original amount. What is the usual procedure?


Asked on 3/08/04, 12:12 pm

1 Answer from Attorneys

David Slater David P. Slater, Esq.

Re: Appearance at arrest warrant hearing

You should go and speak with the DA.

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Answered on 3/08/04, 11:50 pm


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