How to Remove a Default Judgment in New York

A gavel to represent Remove a Default JudgmentIn 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.

There are two ways to file a motion with the Court. Both include notice to the judgment creditor or the entity or person the judgment was assigned to. The method chosen will be pre-determined by what, if anything, the judgment creditor did to enforce the judgment or, if you need to rush to vacate the judgment because of other circumstances in your business or life.

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Can a New York Judgment Get an Extension Past 20 Years?

Photo of a stack of files.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 years. A judgment can act as a lien on real property for ten years which may be extended for an additional term if you to take affirmative action. Our prior article explaining how to extend your New York debt collection judgment lien details the steps needed to extend the lien period past the initial ten years afforded by the judgment.

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How to Extend Your NY Debt Collection Judgment Lien

Image of a buildingYou 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 your judgment creates expire or can you extend it?

Fortunately, because a judgment is valid for 20 years and can only act as a lien for 10 years, New York allows you to extend.

There are two ways for the holder or assignee of a valid NY debt collection judgment to extend the judgment as long as it has not been satisfied, settled, or paid in full. Which route you take will depend upon the underlying facts and circumstances of your situation.

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Using Installment Payment Orders to Get Paid in NY Debt Collection Cases

Image of a gavel.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 may reduce their income, by working for less than their job pays — or for free — to purposely avoid income execution.

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