Legal Question in Credit and Debt Law in New York

Contempt of third party

In the process of trying to collect a small claims judgment, I served an information subpoena on the defendant's employer, which has not been answered. The court clerk told me to file an Order to Show Cause to punish for contempt, but when it came before the judge he said that was no good because ''jurisdiction'' over a non-party had to be established first under a special proceeding. The clerk told me that means a Notice of Petition & Petition has to be used. All I can find in the law library under this type of form is for a landlord/tenent action. Where can I find the proper form to initiate this special proceeding?


Asked on 5/18/04, 4:27 pm

1 Answer from Attorneys
Kevin Connolly Kevin J. Connolly

Re: Contempt of third party

Look in West's McKinney's Forms for the New York Civil Practice, CPLR (Civil Practice Law & Rules) Article 4. The clerk may have misunderstood, but you will see from section 403, that you can use an order to show cause as a substitute for a notice of petition. Also be aware that your special proceeding is to Punish For Contempt. There are oodles of special rules governing contempt proceedings, and if you miss compliance with any of them, the court will dismiss you. Look in Section 756 of the Judiciary Law: there you will find the special language that MUST be present on the cover page of the motion, or you will lose. Also look at Section 5251 of the CPLR, that is the law that governs contempt for disobedience of an information subpoena.

Read more
Answered on 5/18/04, 4:58 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in New York