Legal Question in Credit and Debt Law in New York

Information subpoenas
I have a NY small claims judgment against an individual who subsequently moved to a far away county, but still in NY. I have already recorded the judgment in this other county. I am now trying to have information subpoenas signed for service in that new county.

The district court advises me that the judge can only sign subpoenas for service in his home county or an adjacent county. The county clerk of the new county says the subpoenas should be signed by the county clerk in the county the transcript of judgment originated from. The county clerk where the original transcript was issued has no knowledge of any requirement to sign subpoenas and refuses to do so unless I can cite a law charging him to do so.

The supreme court law-library librarian was unable to find anything on point. Can anyone tell me how I can get these subpoenas signed so I can have them served?

Asked on 7/04/02, 5:32 pm

David Slater David P. Slater, Esq.

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Re: Information subpoenas

Read Sections 2302, 5221 and 5224 of the Civil Practice Law & Rules. Good luck.

Answered on 7/04/02, 7:25 pm

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