[iammew]

I have an 11 year old judgement for $6,000 against me from civil court in NYC (for tuition non-payment) that I found out about a few years ago but was never notified of the case when it happened. I don't agree with the judgement although I know by default I was found to owe the monies. Now I have been contacted by an attorney collecting for the original party to pay the monies. Is there any way to avoid paying this or am I responsible? Is there any statute of limitations to collect on a judgement against me? I read that New York may have a 10 year limit to collect on judgements unless the judgement is renewed, which it has not been. I sent a letter back to the lawyer requesting proof of the monies owed and was sent a copy of the original judgement. Would it be worth getting a lawyer in this case? Does it make any difference that I don't live in New York now (NJ)?
Thanks for any help

[Dana Bandle]

THE STATUE IN pA I KNOW IS 7 YRS. After that Bye Bye Good Luck

[Judgment Enforcer]

Hello,

Being a judgment enforcer, I will address your question, with the understanding that I am neither providing legal advice nor is anything herein to be construed as such. Always consult an attorney who is qualified in the area of law which pertains to your situation.

Judgments awarded in NYS are valid for 20 years, whereas liens are valid for 10. A lien can be renewed for a further 10 years or until the SOL (Statute of Limitations) expires, whichever comes first. To elaborate, if the judgment was awarded in January, 2007 and a lien was placed immediately against your real estate, the judgment would expire in January 2027, whereas the lien would be valid until January 2017. If, immediately upon expiration of the lien, it were renewed, it would expire in 10 years and at the same time as the judgment; that is, January 2027. On the other hand, if the attorney or creditor were to renew the lien 1 year after its expiration, it would be valid for only 9 years as a lien cannot survive beyond the SOL of the judgment.

With regard to your residing in NJ, the SOL in that state is 21 years. The creditor or his/her/its attorney would be required to domesticate the judgment in the county/counties in which you reside, work or have real estate. It would then become a judgment to be enforced subject to NJ laws pertaining to the recovery of judgments.

Bear in mind that, until the judgment is domesticated in NJ, interest on the $6,000 has been accruing at the NYS rate of 9% simple per year. "Simple" means non-compounding (on the original amount only) which means 9% x $6,000 x 11 years = $5,940 in interest alone. The judgment is now worth approximately $12,000.

When domesticated in NJ, the attorney will ensure that NJ accepts not only the $6,000 judgment, but the almost $6,000 in interest as well.

When the attorney contacted you, the process of collecting on the judgment and interest began. The next steps may be: 1) bank account levies, 2) wage garnishments, 3) liens placed against real estate, 4) one or more debtor's exams 5) third-party exams, 6) your employer being contacted to verify your place of employment, as well as other procedures permitted under law.

Unless you plan to "go underground" and live a transient lifestyle, going from job to job and working for cash only with no bank account, commonsense dictates that you contact the attorney to discuss a payment plan.

As hard as it may be to part with almost $12,000, if you ignore the judgment, it won't disappear. On the contrary, it will only increase in value, whether as a NY or NJ domesticated judgment.

Good luck in making the right decision!