Defenses Stopping Lawyers From Domesticating a Foreign Judgment in NY

Image of a gavel to represent domesticating a foreign judgment in New YorkIf you are domesticating a foreign judgment in New York, it’s important to understand the defenses the defendant can take to defeat the domestication. Some states, like New Jersey, allow you to record an out of state judgment with very few requirements. The out of state judgments are offered full faith in credit in that they may be recorded as a matter of law.

New York, however, draws a distinction between out of state judgments. It differentiates between:

  1. Judgments obtained on default, where the debtor never appears or answers in the case
  2. Judgments obtained on merit, where the debtor responded to the pleadings.

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New York Debt Collection in the Beth Din

Stained glass with the Star of David.For those of the Jewish faith, the Beth Din is an option to traditional legal debt collection in New York.

New York state recognizes the rabbinical court. As such, any arbitration awards are enforceable in New York state courts. This means that any award rendered by the Beth Din can be confirmed in a New York state court and converted to a judgment.  Continue reading “New York Debt Collection in the Beth Din”

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What’s the Rate of Recovery for NY Debt Collection?

Money in a money clip.The disclaimer “past results do not guarantee future performance” is true of many things including the recovery rate for commercial debt collection.

A prospective client asked if I maintained statistics of our past NY Debt Collection claims. Whether he wanted to size us up, confirm the likelihood of collecting his claim, or both, the question was direct and a good one.

If you try searching collection rates for collection agencies and attorneys or general statistics of debt collection recovery, you won’t find many results.

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How to Lien Real Property With a New York Debt Collection Judgment

Apartment buildingEven if you are not a lender by its strict definition, you can still place a lien on real property — such as a house or apartment — owned by your non-paying client in a New York debt collection case.

The key word is “can.”

In many instances, the money judgment entered by the court clerk will not automatically convert to a lien on real property. In order to create a valid lien, you — as judgment creditor or counsel — must take affirmative steps to create the lien.

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