Legal Question in Civil Litigation in New York

Once I get a docket number for my upstate judgment here in Brooklyn, NYC I wanted to know since the judgment debtor is in Gouvenor, NY if I can subpoena the banks here in Brooklyn, NYC to seize funds in that BUSINESS account while they are in upstate New York.

Asked on 10/20/13, 10:06 am

2 Answers from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,
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If it is a national or regional bank, you can serve your judgment on any branch. You may want to use the services of a collection agency for a reasonable fee doing business upstate.

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10/20/13, 10:36 am
Kevin Connolly Kevin J. Connolly
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Yes. FOr any in-state judgment, docketing in another county is to make the judgment a lien on real estate in the county that is owned by the judgment-debtor. What you can do is serve an information subpoena and restraining notice on every bank that has a branch in the state.The problem might be that the subpoenas have to be issued by the clerk of the court unless you have an attorney. I have zero experience with clerk-issued subpoenas, but I suspect you may encounter some resistance unless you can produce reasonable evidence that the target bank holds the debtor's account. Hiring an attorney might be the most effective way to swoop. It's always tricky when you don't know exactly where the debtor banks but there are tools. 516-242-1453

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10/20/13, 10:48 am

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