View Full Version : Getting pd on a judgenent
sberman13
Aug 21, 2008, 09:11 AM
After winning a sm cl judgement, how exactly do I go about getting the person tor pay
rockinmommy
Aug 21, 2008, 09:31 AM
This varies greatly from state to state, as far as what you can legally go after. Where are you located?
sberman13
Aug 21, 2008, 09:36 AM
Ulster cty NY, they talk about going to the county to file the judgement, the county what? & then to the sheriff,
I think I need to go after his business license, but how & where do I go
rockinmommy
Aug 21, 2008, 09:41 AM
Did you sue the individual, or a business entity? I think you can only go after or attach to the assets of whoever (or whatever entity) the judgement was against. Does that make sense?
There are a couple of people on the board from NY that are really good with this stuff. I'm sure they'll be along soon. I'm not familiar with NY laws.
ScottGem
Aug 21, 2008, 10:03 AM
You are running up against the Catch22 of judgements. Generally getting the judgement is the easy part. Getting paid is a problem.
Without knowing the nature of the debtor and the debt, its hard to be specific. But you are responsible for finding the debtor's assets. Once you do, you go back to the court to get a garnishment or writ of attachment (depending on the asset) which is then taken to a sheriff to serve on the holder of the asset.
JudyKayTee
Aug 21, 2008, 10:05 AM
after winning a sm cl judgement, how exactly do i go about getting the person tor pay
Small Claims Court should have given you the booklet which explains how to collect - the debtor receives notice, has 30 days to pay, then you proceed with a subpoena to obtain financial info or, if you already know the info, you have to file against assets.
The Notice of Judgment (which you will also receive) lists all the info, including the address of the Court Clerk and Sheriff, and the procedure to be followed.
How long ago did you get the Judgment? If you don't have a copy of it, you have to call the Court Clerk and ask for it. You have to act within certain time frames.