New York Execution Against Property

State:
New York
Control #:
NY-SD-781
Format:
PDF
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This form, a Execution Against Property, is easily completed or adapted to fit your circumstances. Available for download now.
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FAQ

When a judgment has been entered against you, creditors can take some of your income or your assets to pay back the money you owe. Assets are things you own, like a bank account, a car, or jewelry. But, you can keep some of your income and assets safe from most creditors.

When a debtor files for bankruptcy or is being pursued by a judgment creditor, there are certain items of property that the debtor is allowed to keep even though he or she owes money.The homestead exemption protects your home from creditors or the bankruptcy trustee if you've filed for Chapter 7 protection.

A money judgment obtained in NY is enforceable for a period of 20 years from the greater of (1) the judgment entry date, or (2) the date of any post judgment payments.

Funds Exempt from Creditor Seizure Some types of money are automatically exempt (protected) from your creditors, regardless of where you live, including: Social Security and Supplement Security Income (SSI) federal, civil service, and railroad retirement benefits. veterans' benefits.

All states have designated certain types of property as exempt, or free from seizure, by judgment creditors. For example, clothing, basic household furnishings, your house, and your car are commonly exempt, as long as they're not worth too much.

Make sure you state you are exercising your rights under the Fair Debt Collection Practices Act. Include a sentence or two describing why you are judgment-proof For example: I am judgment proof because I am living only on Social Security benefits, own limited exempt property, and cannot meet current expenses.

Properties a creditor can seize include tangible assets, such as vehicles, houses, stocks, and company shares. They can also include future assets a debtor expects to receive such as commissions, insurance payouts, and royalties.

An execution against property is the process of court, issued by its clerk and directed to the sheriff of the county.Execution against the person of the judgment debtor. Executions for the delivery of possession of real property, including real property sold under orders of sale.

New York State judgments are valid for 20 years. A judgment can act as a lien on real property for ten years which may be extended for an additional term if you to take affirmative action.

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New York Execution Against Property