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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Register a Foreign Judgment in NY

A man's hands signing papers.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 surprise. You want to seize assets to satisfy a foreign judgment once registered in New York. Consequently, you don’t want to provide notice of the judgment’s registry in New York.  But what if you don’t have to? Perhaps providing notice of the judgment’s registration is not the law. Continue reading “Register a Foreign Judgment in NY”

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Domesticating a Judgment in New York for Non-NY Cases

A US flag hanging in front of a court house.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. It is, therefore, important to understand the defenses available to someone contesting the domestication of the out-of-state judgment in New York. This also may be a good time to mention that out-of-state judgments are not treated the same as federal judgments. Continue reading “Domesticating a Judgment in New York for Non-NY Cases”

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