[kristin1277]

Hi all,

I live in NYS and won a small claims judgment against a car dealership owned by a corporation. They did not show up in court and have since closed their dealership (but the corporation is still operating other businesses). I want to collect my judgment but don't know how! The clerk's office refers to the Sheriff's office for recovery. The sheriff's office provided me with a price list of things they can do to collect (income execusion, property ex, bank levy, etc) but CANNOT tell me which one applies to me seeing as it's a corporation (they are not allowed to give legal advice) Spoke to a lawyer who wants a 1/3 to collect. Well, the judgment will have to pay off the car loan so I CANNOT give a lawyer 1/3 of it. Can someone please please please help me and tell me how to collect??

[ScottGem]

First, who was named in the judgment? If the car dealership was specifically named only, then you can only go after the dealer. If the suit included the corporation, then you can go after them.

Your best bet, in that case is to find where they have a bank account, then ask the sheriff to serve a bank levy.

[AK lawyer]

... I live in NYS and won a small claims judgment against a car dealership owned by a corporation. ...

The judgment is against the corporation (as opposed to "Acme Used Cars" owned by "Acme, Inc."), right?

... ...The sheriff's office provided me with a price list of things they can do to collect (income execusion, property ex, bank levy, etc) but CANNOT tell me which one applies to me seeing as its a corporation (they are not allowed to give legal advice) ...

The reason they won't tell you which one applies is not that it's a corporation or that to tell you would be giving legal advice. The reason is that, without researching the facts, they don't know which option would be productive.

Start by researching everything you can about this corporation. Find out what bank(s) it keeps it's money in and do a bank levy. You say the corporation does other businesses. Consider a "till tap", seizing the contents of their cash registers at those other businesses. Seize their inventory (being careful, of course to first determine if someone else has a lien on the inventory).

Depending on where you are, you may be able to do a judgment debtor examination, requiring a corporate officer to come into court and answer your questions about corporate assets, under oath.

Finally, if you need specific legal advice from an attorney in your area, find one who will accept payment by the hour. A contingent fee, even for collection work, is not the only option.

[kristin1277]

The judgment is against the corporation only, and other businesses are car repair shops. If I have the Sheriff do a bank levy is it my responsibility to provide their banking info? Do you know how I can go about getting that information? I have called the county clerks office and they would only relaease the DBA info...

[AK lawyer]

... If I have the Sheriff do a bank levy is it my responsibility to provide their banking info? ...

Yes. In some areas, for a higher fee, it is possible to do a levy of all local banks. Ask the sheriff's office if this is an option.

... Do you know how I can go about getting that information? ...

• Consider sending them a $1 check and see if and where they deposit it?
• Do a judgment debtor exam as I already suggested.
• Check the court files for other cases involving the debtor corporation, and see if any other judgment creditor has had any luck finding assets belonging to them.

... I have called the county clerks office and they would only relaease the DBA info...

They wouldn't have a database on all banks used by any particular DBA. To my knowledge, such a database doesn't exist.