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-   -   Getting pd on a judgenent (https://www.askmehelpdesk.com/showthread.php?t=251381)

  • Aug 21, 2008, 09:11 AM
    sberman13
    Getting pd on a judgenent
    After winning a sm cl judgement, how exactly do I go about getting the person tor pay
  • Aug 21, 2008, 09:31 AM
    rockinmommy
    This varies greatly from state to state, as far as what you can legally go after. Where are you located?
  • Aug 21, 2008, 09:36 AM
    sberman13
    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
  • Aug 21, 2008, 09:41 AM
    rockinmommy
    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.
  • Aug 21, 2008, 10:03 AM
    ScottGem
    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.
  • Aug 21, 2008, 10:05 AM
    JudyKayTee
    Quote:

    Originally Posted by sberman13
    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.

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