Legal Question in Real Estate Law in New York

Collecting money judgment, issuing information subpoena

I have received a money judgement from NYC housing court court, and at this time I am currently trying to collect on it. It was given by default, becuase the respondant didn't show up for the hearing. At this time I have called to try and collect the money, but he keeps dodging me. Thiry days have passed and I am in the process of hiring a marshal to put a lien against his bank account. I pulled the account number from one of his old rent checks. The marshal that I spoke with told me that I need to file an information subpoena before they can put a lien against his account. My question to you is, can and how do I serve the subpoena to his bank. I do not want to serve him, because he will turn around and empty his account. By serving his bank, won't they freeze his account for the amount of the judgement? Does the subpoena need to be served by a process server? How long do they usually take to respond? Who should I speak with at the bank, the branch manger? Any and all help would be greatly appreciated, I just want to put an end to this nightmare.


Asked on 4/08/04, 11:39 am

1 Answer from Attorneys
Barry Weidenbaum Weidenbaum & Harari, LLP

Re: Collecting money judgment, issuing information subpoena

That is partially correct. Usually an information subpeona with restraining notice is first served on the debtor and then the Marshall is sent etc. We would be glad to review the documents and let you know how we may assist.

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Answered on 4/08/04, 12:27 pm


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