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HOW TO FILE A SUBPOENA FOR RECORDS (S f R) IN SMALL CLAIMS COURT
HOW TO FILE A SUBPOENA FOR
INFORMATION
Useful when you think the the judgment debtor may have money in a bank
[See addresses of some banks below]
(Read completely through the document without stopping then go back to read its parts)
HOW TO FILE A SUBPOENA FOR RECORDS (S f R) IN SMALL CLAIMS COURT
Upon arriving at the SCC office on the 9th Fl. of the Kings County Court house at 141 Livingston St, take a turn ticket from the dispenser. Complete the Initial Claim form. When it's your turn, give the claim form to the clerk, and pay the filing fee. The maximum amount you can make a claim for is $5,000. The clerk will give you an instruction form bearing your name (the plaintiff) and the name of the person you are suing (the defendant), the date of the court hearing and the index number of your case. You can now leave.
The clerk now "serves" a summons on the defendant by mail: ordinary mail and registered return-receipt mail, part of which is a green card that the defendant must sign when the postal-person delivers it to the defendant. That green card is then delivered back to the SCC clerk. This may take as long as three weeks.
Service of the summons is considered complete when the SCC clerk has the green card signed by the defendant or someone who accepted the summons on behalf of the defendant.
The only way to know if the green card is back is to call the SCC clerk. In Brooklyn the telephone number is 347 404 9021. I suggest you begin calling about three weeks before your court hearing date. If the green card is not back call the SCC clerk every 2-3 days until you have verified the green card is back and that service of the summons has been successfully completed.
The SCC clerks are very, very busy so be efficient when you call and speak slowly and clearly: "I have a SCC case in the name of Smith versus Jones. The case index number is ####/07 (the year). I filed the Initial Claim form on (the date you filed it). Has the green card come back?"
When the clerk verifies the green card is back you are ready for the next step: go back to the SCC clerk's office and request a Subpoena for Records form (no cost). Herein this form will be referred to as the "ORIGINAL S f R".
The Subpoena for Records is also called a "Subpoena Duces Tecum" (pronounced duk-ess tee-cum). The id. no. of the form is CIV-GP-70 (3/91). Be prepared to provide the clerk with your name, the name of the defendant and your case's index number.
The ORIGINAL S f R is two-sided form (see the form). The reverse side is called the AFFIDAVIT OF SERVICE OF SUBPOENA FOR RECORDS. (See the reverse side) You may now complete the ORIGINAL S f R side of the form and submit it back to the SCC clerk who will stamp it and place the official seal of the court upon it AND GIVE IT TO YOU.
REGARDING COMPLETING THE
ORIGINAL S f R
FORM:
You will note on the example shown (see
example) that you are required to fill in the name of the court, the case
index number, the "caption" (the name of the defendant and the name the
plaintiff). Where it says "To:" put the Defendant's name. Then enumerate
specifically the items you want the defendant to send to the court. You should
request any and all documents that support your claim to the monies you believe
the defendant owes you. Be as detailed as possible in describing the
documents, form or items you want the Defendant to provide the court so that you
can use them as evidence in support of your claim on the date of your court
hearing.
Finally, fill in the time, day, year of your hearing dated, and address of the court in Brooklyn. Put a check mark in the box "to the Records section of this Court, located in room 905". Some cases require you put a check mark in the box "to the attention of Hon, (Judges name)."
I reiterate here that you now complete the ORIGINAL S f R form and submit it back to the SCC clerk who will stamp it and place the official seal of the court upon it AND GIVE IT TO YOU.
MAKE TWO (2) COPIES OF THE ORIGINAL S f R form COMPLETED, STAMPED AND SEALED on the front with the AFFIDAVIT OF SERVICE on the back.
Now you must find a person to act on your behalf, over 18 years of age, to "serve" one COPY of the ORIGINAL S f R form on the defendant. You may also choose a professional "process server" to do this for you. Professionals are more efficient and competent in performing the service than non-professionals. They know the tricks of the trade. Look up "process servers" in the yellow pages. It will help if you know where the Defendant lives or works, and can provide the process server with a description of the defendant (sex, height, weight and race/color. A photograph is even better.
There is law office161 Livingston St., that provides this service. The fee for the service is between $75 and $100.
Whoever serves the COPY of the S f R form must A. Locate the defendant; B. Show the person the ORIGINAL S f R form and give the defendant the COPY of the S f R form. Then C. The person who served the COPY OF THE S f R must complete the Affidavit of of Service on the REVERSE side of the ORIGINAL and have the ORIGINAL notarized by a Notary Public (costs about $2.00). See example. Whoever serves the COPY of the S f R form should GIVE YOU A COPY OF THE ORIGINAL S f R form (signed and sealed) with the reverse side completed bearing the signature and seal of the Notary, and finally D. You or the person who served the COPY of the S f R form on the Defendant MUST BRING BACK THE ORIGINAL FORM COMPLETED ON BOTH SIDES TO THE SCC CLERK'S OFFICE.
KEEP THE COPY OF THE ORIGINAL S f R TO GIVE TO THE JUDGE THE NIGHT OF THE HEARING.
The defendant is legally obliged to provide the court with the records/documents/items you requested. THE ITEMS YOU REQUESTED WILL NOT BE SENT TO YOU.
Allow at least one week after service of the the COPY of the S f R form is completed and then begin calling the records room (905) to see if the items you requested have been provided by the defendant. You can call the records room every 2-3 days. Provide the clerk with your name and the name of the plaintiff and the case number ex. 1622/07, and ask the clerk in the records room (905) if the items you requested on the S f R you served have been received yet.
When/if the records room has received them, you will be permitted to review them. Since the outcome of your case may depend on these items go the records room without delay and review them. You will have to provide the clerk with your name, the name of the Defendant and your case Index number. You are permitted to make a copy of them. Bring quarters with you for the copy machine.
If the items you subpoenaed have not been received before the date of your courtroom hearing, you can aske for your case to be adjourned to another date (usually 5-6 weeks in the future), or you can go ahead with your hearing, and show the judge the copy of the two-sided S f R form you had served on the defendant and explain to the judge why those documents are important to your case. The judge will take all that in to consideration.
Although great efforts were made by the author of this document to provide accurate information regarding HOW TO FILE A SUBPOENA FOR RECORDS (S f R) IN SMALL CLAIMS COURT, the author of this document is not a lawyer and errors may be present.
July 28, 2007
HOW TO FILE A SUBPOENA FOR RECORDS (S f R) IN SMALL CLAIMS COURT
HOW TO FILE A SUBPOENA FOR INFORMATION
(Read completely through the document without stopping then go back to read its parts)
HOW TO FILE A SUBPOENA FOR INFORMATION
About one–two weeks after your hearing in Small Claims Court you will receive a “Notice of Judgment” indicating you either won or lost your case. If you won you can now begin the task of getting paid the amount you won as indicated on the notice of judgment.
Without a moment’s delay sent the “judgement debtor” (JD) a letter asking for payment based on the award granted in the Notice of Judgment.
The JD has 30 days from the time of receiving your demand for payment letter to act. So send it by “registered return receipt mail.”
When 30 have passed after you received the Notice of Judgment and the judgment debtor has not paid you, and you do not know where the JD has a bank account or a place of employment you can do the following:
If you do not know where the JD works or where JD has assets (like in a bank) you need to begin getting this information or you will never collect on your judgment. You (your agent over 18) may serve an Subpoena for Information on any bank or number of banks you think the person may have an account in. Indeed, you may serve a Subpoena for Information on any organization, person or entity that you suspect may have information related to the JD’s assets or place of employment. Some excellent sources of the necessary information are the three biggest banks (Chase, Citibank, etc.) and the electric/utility companies or landlord, even the JD's employer.
You now go back to the SCC office on the 9th Fl. of the Kings County Court house at 141 Livingston St, take a turn ticket from the dispenser. When it's your turn ask the clerk for as many Subpoena’s for Information as you think you need. Each Subpoena costs $2.00. You will need to provide to the clerk the name of the plaintiff (that's you "judgment creditor") and the name of the defendant (now known as the "judgment debtor" i.e, the person you sued and the case Index number. The SCC clerk is going to ask you the names of the entities you want to serve the subpoenas for information on. BE PREPARED. In the example, [click here and see "blank form"] see page 2, the clerk filled in with "Chase".
For example you might ask for a subpoena to serve on CitiBank, one to serve on Chase bank, and one to serve on Signature bank. In addition one to serve on ConEd, You will get a form that looks like the one shown here.[click here and see "blank form"]
You can complete the form at the time the clerk give you the forms if you have the names and addresses of the banks or other institutions. YOU MUST FILL OUT THE FORMS YOURSELF AS YOU CAN SEE FROM THE EXAMPLE AT [click here and see "filled-in form"] .
I STRONGLY SUGGEST YOU TAKE THE FORMS AND MAKE 2 COPIES OF THEM BEFORE YOU BEGIN FILLING ANY OF THEM OUT.
When you have completed all the forms [click here and see "filled in form"] BRING THEM BACK TO THE SCC CLERK'S OFFICE AND HE WILL SIGN AND SEAL THEM WITH THE SIGNATURE OF THE CHIEF CLERK OF THE CIVIL COURT.
[NEW AS OF OCTOBER 2007: YOU DO NOT HAVE TO FILL OUT ANY FORMS. YOU SIMPLY TELL THE SCC CLERK THE NAMES OF THE ENTITIES YOU WANT INFORMATION SUBPOENAS FOR (USUALLY 3, AT MOST 6). FOR EXAMPLE, CHASE, CITIBANK AND EMIGRANT AND THE CLERK WILL GENERATE THE 3 FORMS AUTOMATICALLY FOR YOU. SEE AN EXAMPLE WITH NORTH FORK BANK]
I STRONGLY SUGGEST YOU TAKE SIGNED AND SEALED FORMS HOME AND MAKE 2 COPIES OF THEM BEFORE YOU GO ANY FURTHER.
For each designated entity you (your agent over 18) intend to mail a subpoena to: place a copy of the subpoena and the original subpoena and a copy of the questions to be answered (see the questions on the form on page 3 of the PDF) in an envelope addressed to the person who you want to answer the questions, and include a stamped self-addressed (to yourself) envelope and now mail to the designated recipients using the "Certified Mail Return Receipt Requested" postal method. The cost of mailing an envelope by Certified Mail Return Receipt Requested mailing is $5.77. The clerk at the post office will give you a U.S. Postal Service Certified Mail Receipt(s) showing the name and address of the entity to whom you sent your Subpoena for Information.
Now the agent who mails the subpoena(s) must complete the affidavit of service [click here and see "filled in affidavit of service form"] and have it notarized. The cost to have the document notarized is typically $2.00. (There is a notary in the sub-basement of the courthouse at 141 Livingstone St.) Bring the U.S. Postal Service Certified Mail Receipt with you to the Notary along with the Affidavit of Service. The notary will want to see some form of identification (driver's license) of the person who mailed the Subpoena for Information.
The person who served/mailed the Subpoena for Information now signs the affidavit IN FRONT OF THE NOTARY WHO SIGNS IT AND PUTS HIS SEAL ON IT.
You the "judgment creditor " would be wise and I strongly advise you to keep a copy of the notarized affidavit of service of the Subpoena for Records and save it for future use if necessary.
Now follow the procedures outlined on that page entitled "INSTRUCTIONS FOR SERVICE OF AN INFORMATION SUBPOENA. [click here and see "blank form" see 4th page down]. The instructions I have provide you here should coincide with the instructions on that page.
The entities you designated to receive the Subpoena for Records are legally obliged to answer the six questions posed on the lines marked "A.____________." see "blank form" see 3rd page down] and mail it back to you in the stamped self-addressed (to yourself) envelope. You may see an example of a completed affidavit form [click here and see "filled-in form" 3rd page down"]
Click
here to see the
response to an authentic Information Subpoena served on CitiBank: P1
Click here to see P2 of
the Information Subpoena served on CitiBank: P2 You can see that Citibank
had "NO INFORMATION" pertaining to "Dan Willi"
Finally, PLEASE NOTE: You do not have to bring any documents back to the SCC clerk's office. However, keep a copy of the notarized affidavit of service of the Subpoena for Information and save it for future use if necessary.
Although great efforts were made by the author of this document to provide accurate information regarding HOW TO FILE A SUBPOENA FOR INFORMATION FROM SMALL CLAIMS COURT, the author of this document is not a lawyer and errors may be present.
Saturday, August 8th, 2007
SOME MAJOR BANK'S HEADQUARTERS WHERE YOU SEND YOUR SUBPOENA FOR INFORMATION
Below you will find the the central headquarters for each bank listed. The bank is required by law to search their records for every depositor all its branches. If they find the person among their clients that fits the description of the person you named on the subpoena they will send you a notice of confirmation AND put a freeze for two times the dollar amount you were awarded on your judgment. If you have the judgment debtor's social security number you can add that to the information you provide. If no such person exists among their clients they will indicate that on the questionnaire that was included in the Subpoena for Information you sent them. Once their account is located and frozen you have put a "lien" or attached their bank account. They CANNOT close their account until you have been paid. You can now have the sheriff / marshall officially collect the money AT NO FURTHER COST TO YOU.
