need forms

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patrick_riley

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i need to find out where i can get 2 forms which i need in a small claims matter in NJ; i docketed a judgement with the State and when I attemped to renew collection efforts in County SC court was told I could not proceed further at that level. Spoke to Judgement in Trenton, said they could only furnish writs of execution/no good, I needed to solicit defendant re assets, etc. They said i needed Petition for Discovery and Order for Discovery, said I could get at County Law Library at Court House/not avail.
Got samples from County Library, not forms themselves. County College library no furthur help. Where can I get them, please ?
 
I'm not sure I understand your shorthand. You should have filed the judgment in SC so that it is recognized as a valid judgment in that state. It seems that this was done. I'm not sure what you mean by "soliciting" the defendant. Most small claims courts provide forms for an information subpoena and restraining orders, including the signature of the judge to effectuate them. Typically the costs is minimal, a dollar or two.
 
sorry,, my error. "SC" meant Small Claims; judgement was obtained in Cumberland County, NJ.

"Solicit" is wrong term except if to mean "question" defendant.
I cannot file Information Subpoena again as I Docketed the Judgement with the State of NJ in Trenton NJ.

They are telling me that I can get information similat to that which I could get using the Information Subpoena a to assets, jobs, income, etc, by filing the Petition for Discovery and Order for Discovery, the forms which I cannot find at the resources I listed, and which include the County Law Library where Trenton said I would be able to find them. So far, internet search led me only to a webpage which required that I be an attorney when I got to the last step required to get prices and purchase such forms.

Not knowing the cost it might not have been appropriate to buy the fomrs if I had to buy a pad of 50 or 100 as I see no use for more than one of each as I don't see any need to to this ever again. Thanks for your kind attention-hope this focuses on the problem.
 
I still don't understand your post. What do you mean that they could not be sent out again? Did you ever send out an information subpoena with restraining order?

Additionally, you will need the court or an attorney to assist you with these forms because they require the signature of an attorney or judge, and it might only be able to be issued by the court if you are requesting certain documents.

We'll probably have the standard information subpoena out by end of week.
 
I don't see where I said "send out" but: facts are made an initial filing in Small Claims Part of Superior Court of NJ, in Cumberland County, where the defendent and myself live. Defentent was a no show at trial date, i received default judgement. I filed a Litigants Rights Package, ceertified and regular to defendant, no response, filed Cout Signed Order for Arrest, notice to defendant, and then filed Warrent for Arrest with Court. Much lates, defendant filled the information subpoena with Court Officer present. As a result of that I filed a bank levey and much later court sent some of the money owed. Defendant laterclosed bank account. I sent another Information Subpoena, response indicating no assets. Much later docketed the Judgment with the Superior Court 0f NJ, Judgment Unit in Trenton NJ. A short time ago i found reason to think the defendant mights have new assets, sent I. Subpoena, no response, then tried to file Litigant Rights Package with Cumberland County Small Claims Court, was told could not go furthur at their level because I docketed the judgement at State level. I need to file a Petition for Discovery and then wait for judge (at State level ) to OK and sign Order for Discovery, at which time, much later, State will sent to County Court where it will end up for a Cumberland County Sheriff's Officer to enforce with defendant. This is how I understand it.
Where are the forms ?
Thanks again for your time and efforts.
 
I'm confused and need you to explain some of the steps you have taken individually.

I don't know what a "Litigant's Rights Package" is and it probably a local term to describe several different forms that are filed at the same time. What are these forms for? You obtained a default judgment. You probably docketed the judgment in the county and then went searching for the Defendant's assets. I'm not sure why you have a "Warrant for Arrest" since this is a civil matter, not criminal. I would think that you would send out an information subpoena with restraining order, both done at the same time, which compels the recipient to disclose information about the Defendant's assets (if there are any) and restrains them, preventing the Defendant from withdrawing the money once you've found it. I'm not sure how the Defendant could have withdrawn money from the bank if there was a restraining order in place. From there, you should have filed with the Marshal, who would have seized the assets for a small fee.

A small claims court case can usually be docketed on a state level (as though it is a judgment from a state court, rather than a county court.) In a foreign state, e.g. NY or CT, you would make an application of the court with a form for the state to recognize the NJ state's judgment.

Let's talk about:

1) What are you trying to do? How are you trying to do this?

2) What were you told? What is the form that they said you needed?

In most courts they will give you a form number for some standard form that is used. It is frequently most helpful.
 
i am trying to determine defendants assets at this time, not as assets were when he responded to Imformation Subpoenas' previously served and responded to wen forced to do so by the Small Claim Court via the Sheriff's Office. I docketed the judgment granted by the County Court with the State of NJ at a time when it bank levys had failed. Note: In NJ a defendant has 10 days to respond to the Info.Sub. If he does not plaintiff (me) must file a Certification in Support of Litigants Rights, an Order to Enforce Litigants Rights, and an Order for Arrest. The Order for A. when signed by the judge must be mailed to the def. with Original to the Court with addtl. fees and a Warrant for Arrest which causes the SC Court to forward to Sheriff to compel def to fill out the Info.Sub., thus offering again a range of `collection opportunities if the Info. Sub offers any usable info. Subsequent INfo. Sub. may be filed every six months until usable info turns up.

the last time i sent an Info. Sub to def. has usual no response. Filed Litigants Rights Pkg. County Sc said i could not proceed at that level but must talk to the Judgement Unit of Superior Court of NJ in Trenton, the Capitol of NJ. They said they only furnished forms for Executions (wage. bank levies). Since I had no current information about Def. assets I told then that and they said I could get that kind of information from def. by filing 2 forms: (1) Petition for Discovery and (2) Order for Discovery with them, which would result in them asking Coiunty to serve defentant compelling him to present such information. I have a sample of the forms with the word "sample" overprinted on them-not usable. It is a copywrited form from Westco-I tried to find out in how small a quantity i could buy and at what price but website asked where my practice was, and it isn't.
 
If you have forms, you can most probably recreate the forms in your own words. There is typically no requirement that the forms be verbatim what you see, only that they contain all the material that is in the forms. That is not copyrightable. I'd venture to say that much of the form is not copyrightable except for the layout, if it is very unique (e.g. special fonts, etc.) and the actual electronic form itself. Nothing is preventing you from using a word processor and typing up the information. We don't have those forms yet here online -- they are not the most typical.

Here are the basics about forms and what you typically need:

On the top of the page, include the case caption, court, index number, and what is attempted to be accomplished. This might look something like set forth below. Underneath, you need to put the relevant information -- what is the form stating? Does it quote a section? If it does, you may be required to quote it and you can use it word for word. It also may require certain elements, e.g. your name and address as "creditor" and the identification and address of the "debtor." There may also be needed a space for the judge to sign off on the order.

I hope this is of assistance to you. Most people believe that the need a "form." A form is only a guide and which usually assists law offices deal with the volume of cases by having a form which the information can simply be entered and sent. Nothing prevents you from copying the same requirements that are set forth in the form -- if it did, nobody could use any other form! The form itself -- as a whole as it appears and specially formatted by the form maker -- may be copyrighted.

Code: 
New Jersey Supreme Court
X----------------------------X
Joe Plaintiff, plaintiff                 Index No. 46543/02

          v.                              INFORMATION SUBPOENA

Mary Defendant, defendant.
X----------------------------X

Judgement Debtor: _____________________________

Judgment Debtor Address: _______________________

WHEREAS, in an action in the ______ Court in the County of ________ between:

__________________, plaintiff and

__________________, defendant,

Etc.
 
thank you - will type up and proceed with filing after a call or two to trenton re fees and reqired copies, etc.

thanks again, regards
 
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