Thinking about domesticating your out-of-state judgment in New York? If the out-of-state judgment was obtained on default, you may be concerned that moving to domesticate the judgment will lead the debtor to attempt to claim affirmative defenses. Can a previously defaulting defendant interpose an answer in a debt collection action
If you have a judgment against a person who owes you a sizable debt and had little success enforcing the judgment through traditional means, alternative options might afford better results. When the usual steps, such as levying the debtor’s bank account and garnishing the debtor’s wages, result in little success
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
In order to vacate, set aside, or remove a default judgment in New York, you must make a motion to the court in which the judgment was entered. The motion will contain a specific request for the court to vacate the judgment and return monies taken to satisfy the judgment.
It may have been almost 20 years since you sued and entered your New York debt collection judgment, but you haven’t collected any monies. Since the judgment is set to expire, can your New York judgment get an extension past the deadline? New York State judgments are valid for 20
You sued and won your New York debt collection case. The judgment issued in your favor allows you to lien the debtor’s real property. The following NY debt collection judgment lien created is valid for up to 10 years. But what happens after a decade is up? Does the lien
Using an installment payment order for New York debt collection can be effective when your borrower avoids paying the debt by manipulating their salary or reaching the 25% limit of what legally can be garnished from wages in New York state. Individuals can intentionally stall your efforts to collect. They
Can you register a foreign judgment in NY? Fortunately, the answer is a resounding yes! After obtaining a judgment in federal court, you can register the judgment in NY’s state court. And you should. Let’s talk about why you should. Attorneys and their clients love to leverage the element of
Unclaimed funds, consider them to satisfy your NY debt collection claim. Voluntary payment is not happening and you want your money. Generally to get paid money owed, you must obtain a judgment. The next step is to locate assets to satisfy the judgment. One way of satisfying a judgment is
Domesticating a judgment in New York obtained out of state, to the dismay of some, is not automatic. New York does not allow the automatic registration of a judgment obtained on default from another state. Domesticating a sister-state judgment and converting it to a NY judgment requires filing a lawsuit.