Can I Ignore a Restraining Notice?

photo of a dollar to represent ignore a restraining notice.A judgment creditor, seeking to enforce a judgment has many ways to enforce a judgment in New York. The methods they use depend on the collection lawyer’s strategy to satisfy the judgment or, at the very least, bring the judgment debtor to the table. One way to enforce a judgment is to serve third parties with restraining notices. The attorney for the creditor serves a third party with a restraining notice to place a hold on the debtor’s accounts. The bank or other institution is then required to hold the judgment debtor’s assets. But, what happens if you ignore the restraining notice and allows the judgment debtor access to the asset or transfers the asset (money or property) to the judgment debtor. What is your liability for ignoring the restraining notice as a third-party garnishee?

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Information Subpoenas, Restraining Notices and the Role They Play in Debt Collection

image of a red letter to represent Information Subpoena Restraining NoticeHave you received an information subpoena and restraining notice related to a New York debt collection case? If you are unfamiliar with the case and this is the first notice you received, you might be concerned that being served with a subpoena means you’re getting dragged into a lawsuit. Don’t worry. Here’s some information to help you understand what information subpoenas and restraining notices are, what you’re required to do, and more.

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Nassau County Imposes Extra Requirement to Obtain Debt Collection Judgments

Nassau county court house sign to represent nassau county debt collectionInterested in entering a judgment to get closer to collecting in your New York debt collection case? If so, and you sued in Supreme Court, Nassau County, you will want to know about an extra requirement to obtain a default judgment in your debt collection case.

As we wrote in a previous post, New York’s unified court system is not exactly unified. Counties may have additional requirements especially when it comes to entering a default judgment. Nassau county has jumped on the bandwagon with requirements that afford commercial and consumers additional protection regardless of whether they were directly affected by the pandemic.

Usually, if a judgment creditor sues for a liquidated sum, upon presentation of proper evidence and carefully prepared papers referred to as a judgment roll, the clerk can enter a judgment without direction from a judge.

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Which Court Hears Your New York Debt Collection Case Makes a Difference

Image of a gavel in front of a court house to represent new york debt collection courtIf the New York court system is unified, does the court you choose to file your New York debt collection claim in make a difference? An outside observer would believe the court’s unified title implies that each of the 62 counties of the New York State Judiciary operates under the same procedures as the others. The reality is actually quite different.

Many of New York’s 62 counties have their own distinct rules, requirements, and procedures, even those in adjoining counties. These differences can present themselves in a variety of ways, including the following circumstances:

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