Legal Question in Credit and Debt Law in New York

Stymied by warrant

I have a NY small claims judgment against an individual who is refusing to pay. I have already done the following:

1. Served an information subpoena on him. He didn't answer.

2. Filed a motion to punish for contempt. He didn't appear and the motion was granted.

3. Had the judge sign an Order Imposing Fine for not appearing and had it served upon him. He hasn't paid the fine.

The court clerk tells me the next step is to issue a warrant for arrest, which I assume the judge signs. I have looked thru the blumberg forms index at the stationary store but cannot find this form. Can anyone help me locate the correct form?

Please don't suggest I get an attorney, this is only an $800 judgment, and in these economic times I really need every penny I can get. Thanks so much for your help.


Asked on 4/29/03, 10:51 am

1 Answer from Attorneys
Bradley Rosen

Re: Stymied by warrant

This is the basic warrant form. If you have trouble with it, contact the clerk & they can usually give you the correct information to fill in.

[Add title of court and cause]

WARRANT

Index No. ________

[Name of Assigned Judge]

PEOPLE OF THE STATE OF NEW YORK, TO THE SHERIFF [OR OTHER ENFORCEMENT OFFICER] OF ANY COUNTY OF THE STATE OF NEW YORK

WHEREAS, it appears to the satisfaction of this court, upon a certified copy of an order of this court dated ________, 20__, and upon the affidavits of ________, sworn to on ________, 20__, and ________, sworn to on ________, 20__, that the judgment debtor, ________, in the above-entitled action, has not purged himself of his contempt in the manner provided in that order, in that he has neither paid the fine of $________ provided for nor answered in writing the questions accompanying the information subpoena previously served upon him within ten (10) days following personal service of the order upon him.

NOW, THEREFORE, you are authorized and commanded to arrest the judgment debtor, ________, forthwith and bring him before this court, or a judge thereof, to be committed or for such further disposition as the court in its discretion shall direct.

Enter,

_______________

J.S.C.

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Answered on 4/29/03, 11:36 am


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