A New York Agreed Order and Final Judgment — Awarding Forfeiture is a legal document that determines the seizure and relinquishment of assets or property by the court in the state of New York. This process is typically initiated when law enforcement authorities confirm that the assets in question were obtained through illegal activities, such as drug trafficking, money laundering, fraud, or other criminal offenses. The New York Agreed Order and Final Judgment — Awarding Forfeiture is a crucial aspect of the judicial proceedings for asset forfeiture. It solidifies the court's decision to permanently transfer the ownership of the seized property or funds to the government, removing them from the possession of the convicted individual or organization. This legal process ensures that ill-gotten assets are not used to benefit criminals and instead contribute to the law enforcement efforts or public welfare. The New York Agreed Order and Final Judgment — Awarding Forfeiture is a powerful mechanism in dismantling criminal organizations, disrupting their operations, and deterring future criminal activities. Some different types of New York Agreed Order and Final Judgment — Awarding Forfeiture include: 1. Criminal Forfeiture: This type of forfeiture occurs as a result of a criminal conviction. Once a person or entity is found guilty of a crime, the court can order the forfeiture of assets tied to the offense. 2. Civil Forfeiture: Civil forfeiture is an action taken against the property itself, rather than the individual or organization. It does not require a criminal conviction but is based on evidence that the property was involved in illegal activities. 3. Equitable Sharing: Equitable sharing refers to the practice of distributing forfeited assets between federal and state law enforcement agencies. It allows for cooperation and collaboration between various jurisdictions in combating criminal activities. 4. Substitute Assets: In cases where the original assets subject to forfeiture are no longer available, the court may order the forfeiture of substitute assets of equal value. This ensures that criminals do not evade forfeiture by hiding or dissipating assets. 5. Victim Restitution: In some instances, the court may order seized assets to be used for compensating victims who suffered losses due to the criminal activities. This type of forfeiture aims to provide restitution and aid victims in recovering their damages. In conclusion, a New York Agreed Order and Final Judgment — Awarding Forfeiture is a legal instrument used to transfer ownership of seized assets or property from criminals to the government. It serves as an essential tool in the fight against illicit activities and ensures that ill-gotten gains do not benefit wrongdoers. Various forms of forfeitures exist, such as criminal forfeiture, civil forfeiture, equitable sharing, substitute assets, and victim restitution, each targeting specific aspects of asset recovery and justice.
New York Agreed Order and Final Judgment - Awarding Forfeiture
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FAQ
The Judgment Creditor may file or request a Property Execution asking that the property be seized and sold with the sole proceeds being used to pay off the balance due on the Debtor's judgment. There is no charge for filing or requesting a Property Execution.
Upon the filing of an RJI, cases are identified by action type and then assigned at random by the computer to a Justice from among those designated to handle cases of that type. Each case is generally assigned to an IAS Justice for its life, including for trial purposes, except for City cases.
The creditor can often place a lien on your property, such as a house or car. The lien must usually be paid off before you can sell the property. Seize assets. Sometimes, a creditor can get a court order to seize other assets or personal property you own, such as a vehicle or real estate, to satisfy the debt.
A satisfaction of judgment is a document signed by a judgment creditor and generally filed with the court, indicating that a judgment has been paid in full.
When the debtor pays the judgment, the creditor must: File a Satisfaction of Judgment form with the Clerk within 20 days. The Satisfaction of Judgment form must be filed in the Court that entered the judgment, but if a Transcript of Judgment was filed in the County Clerk's office, it must be filed there; and.
The Creditor can file an Income Execution or wage garnishment to obtain a percentage of the Debtor's earnings to apply to the Judgment. The judgment creditor may contact the Sheriff's Civil Department for the procedure to file an income execution or wage garnishment.
You can tell the clerk that you want to file an order to show cause (?OSC?). On the OSC form you can tell the court why they should vacate this judgment based on either excusable default, lack of personal jurisdiction, or both. The OSC should include 1) a reasonable excuse and 2) a good defense.
How Long Are Judgments Valid in New York? Judgments are valid for 20 years and may be extended once for an additional period of 10 years. To extend a judgment for an extra ten (10) years, the Judgment Creditor must make written application to the court that issued the original judgment.
