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?
1 Answer from Attorneys
Re: Appearance at arrest warrant hearing
You should go and speak with the DA.