New York Sample Letter for Second Motion for Examination of Judgment - Debtor
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How to fill out Sample Letter For Second Motion For Examination Of Judgment - Debtor?
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FAQ
In New York, a judgment lien can be attached to the debtor's real estate -- meaning a house, condo, land, or similar kind of property interest. In addition, New York allows judgment liens on the debtor's personal property -- things like jewelry, art, antiques, and other valuables.
The default judgment usually gives the plaintiff the right to collect the amount of money that was asked for in the complaint, plus interest and court costs. The judgment will appear on the defendant's credit report, and it can be there for up to seven years if it is not paid.
Post-judgment discovery typically consists of interrogatories and requests to produce. The interrogatories are questions designed to uncover any assets the debtor may possess or has recently possessed. The request to produce forces the debtor to produce specific documents in order to verify assets.
Information Subpoena: It is a legal direction to a person or institution to answer certain questions about where the assets of the Defendant are located. The Information Subpoena may be served upon the Judgment Debtor and upon any person or corporation that you believe has knowledge of the Judge Debtor's assets.
New York civil practice law allows a money judgment (defined below) to be enforced for up to 20 years, and even longer in certain circumstances. This means that as a judgment debtor, your judgment creditor can attempt to collect the full amount of the judgment, plus interest, for two decades.
The Sheriff's Office can attempt to collect outstanding NYC Civil Court Judgments on your behalf. You may bring or mail your judgment to us and we will attempt to satisfy the amount of the judgment plus interest and any fees. The fee for this is $50.00.
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.
