Best Practices to Enforce a Judgment 

A client of ours in the waterproofing business asked for our best practices when enforcing a judgment. Best practices would generally infer that judgment enforcement is the same no matter the creditor’s industry, but that’s not the case. Best practices to enforce a judgment differ based on the judgment debtor’s location, industry, and more.

The preliminary steps to investigate the collectability of most judgments and judgment debtors are the same. Past that, the strategy differs. For the sake of this article, let’s look at the judgment entered in favor of our waterproofing client.

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How to Collect on a Judgment in New York

Photo of a gavel to represent judgment enforcement and how to collect on a judgmement.Is your New York judgment valid? If so, you will need to know how to collect on a judgment so it can get you paid. Article 52 of New York State Civil Practice Law and Rules authorizes judgment enforcement in New York. Within the statute, New York gives creditors liberal rights and remedies to collect their judgment largely without court intervention.

Once the judgment is entered, you must provide the requisite notice of entry, if required. Then you can begin to execute on the judgment bringing you closer to getting paid. Executing on the judgment gives the creditor, or their attorney, the ability to convert paper into money. This can be achieved through:

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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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