Judgment Against Property With No In New York
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Personal Property Execution If a Judgment Creditor knows that the Judgment Debtor owns a car, truck, motorcycle or other personal property of significant value, the Judgment Creditor may file a Property Execution.
Summary: If you are unemployed, have no assets or savings, and are being hounded by debt collectors, it may make sense to send a judgment proof letter to your creditors informing them of your situation.
You can look at your credit report at .annualcreditreport or you can go to the local clerk for the courts and search the county database. If there are judgments in other jurisdictions you would have to look there as well.
Being judgment proof typically means having few assets and little earned income. Creditors cannot seize the assets or garnish the income of someone who is judgment proof. Social Security, child support, and unemployment benefits are types of income that generally can't be garnished by creditors.
The easiest procedure is to file a motion for summary judgment in lieu of complaint. That sets up a summary procedure that is designed to determine whether defendant received proper service of legal papers in the out-of-state case and that granting recognition to the judgment doesn't violate NY public policy.
In layman's terms, a person is judgment proof when they have no collectable income or assets. In this case, it makes no sense for a creditor to take that person to court, because even if the creditor wins the suit and obtains a judgment, the creditor will not be able to collect.
Statute of Limitations CaseTime SinceThe Law Enforcing court judgments 20 years CPLR 211(b) False imprisonment 1 year (Civil) CPLR 215(3) Fraud 6 years CPLR213(8) Kidnapping No time limit or 5 years depending on the facts Crim. Proc. 30.10(2)(a) or (b)32 more rows •
Under CPLR § 5402(a), to recognize a foreign judgment, a judgment creditor must: (1) file the foreign judgment within 90 days of the date of the judgment's authentication in the office of any county clerk of the state; and (2) file an affidavit, stating (i) that the judgment was not obtained by default in appearance or ...
Some possible options to enforce an out-of-state judgment in California include the following: Levying the debtor's assets and personal belongings. Placing a lien on the debtor's property. Levying the debtor's bank account. Levying the debtor's vehicle. Garnishing the debtor's wages.
