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Won judgement, need to collect in NY
I won a judgement for $1,000. I know the debtors home address, I know where she works and I know what bank she uses. She is currently trying to buy the house she is living in, it is under contract. I think I have some leverage with her in the process of home buying, and I know she will not want her employer to get wind of this. I am thinking I will send her a demand letter and if no response I will follow procedure to garnish wages. Any advice??
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I would go back to the court and obtain a writ of garnishment against her salary. Then contact and tell her you have the writ but will hold off serving it if she pays up. This will let her know you mean business. You might also obtain a writ of attachment against her bank account, but don't tell her about that as she may change banks. |
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Demand letter,? You had them served with court papers and they now have a judgement, if they were going to pay, they would, So you go back to court and get a garnishment, personally, I would not even ask her to pay, I would just serve it and get my money. If they were or wanted to pay they would have by now. |
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Chuck does have a point. If they didn't make patment arrangements before walking out of the courthouse, they aren't showing a willingness to pay. On the other hand, they make not think you can enforce the judgement. That's why I suggested getting the writ of garnishment first. Show you are serious. |
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Thank you for your help. I am totally in the dark here. I went back to the Court after consulting with the Sheriff. I was told by the Sheriff I need an income execution signed gy a judge, but he judge had never heard of this. This is a very small Village small claims court. Any ideas?? Thanks. Kris |
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The Sheriff seems to have given you the right info according to my knowledge. The judge may know this as a writ of garnishment or writ of attachment. The first is used to garnish wages, the second to attach a bank account. I found a sample of a writ of execution here: http://www.nyed.uscourts.gov/pub/doc...fExecution.pdf The clerk of the court should be able to tell you were to get the form for a writ of garnishment. |
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