New York Sample Letter for Second Motion for Examination of Judgment - Debtor

State:
Multi-State
Control #:
US-0309LTR
Format:
Word; 
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This form is a sample letter in Word format covering the subject matter of the title of the form.

[Your Name] [Your Address] [City, State, ZIP] [Email Address] [Phone Number] [Date] [Debtor’s Name] [Debtor’s Address] [City, State, ZIP] Re: Second Motion for Examination of Judgment — Debtor Case Number: [Case Number] Dear [Debtor’s Name], I hope this letter finds you well. I am writing to inform you of a second motion for the examination of judgment, pursuant to the laws of the State of New York. This motion is being filed in relation to the judgment obtained against you in the above-referenced case. As you may recall, a judgment was entered against you in [Court Name] on [Judgment Date]. Despite our previous attempts to collect the debt owed to [Creditor’s Name], it has come to our attention that no viable attempts have been made from your end to address the outstanding debt. Therefore, it has become necessary for us to pursue further legal action. The purpose of this second motion for examination of judgment is to request the court's intervention in seeking information regarding your assets, income, and liabilities. Our intention is to determine your ability to repay the debt and explore possible means of satisfying the outstanding judgment. We kindly request you to comply with the court's procedures and attend the scheduled examination. Failure to attend without valid reason may result in severe consequences, including but not limited to, contempt of court charges, additional collection efforts, and extended legal proceedings. Please note that it is in your best interest to cooperate fully and provide accurate details regarding your financial situation. Should you fail to cooperate, the court may hold you accountable for your noncompliance, which may result in further adverse legal actions. If you believe that you have valid reasons to challenge or dispute the judgment, we encourage you to seek legal advice and address any concerns through the appropriate channels. It is essential to understand that this motion for examination of judgment is an important step in the legal process, and your cooperation is crucial to resolve this matter efficiently. Please be advised that any communication between you and our team should be in writing and directed to the undersigned address. We kindly request that you adhere to this method of communication to ensure transparency and proper record-keeping. We anticipate your prompt attention to this matter and hope to resolve the outstanding judgment amicably. If you have any questions or require additional information, please do not hesitate to contact our office at [Phone Number] or email us at [Email Address]. Yours sincerely, [Your Name] [Your Title/Position] [Your Law Firm/Business Name]

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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.

More info

Download the Suffolk Sample Letter for Second Motion for Examination of Judgment - Debtor in the file format you require. Print the copy or fill it out and ... CHAPTER 10: TAKING ACTION AGAINST AN UNPAID JUDGMENT. Lien on Real Property (Starting the Process on Lien). (Lien on Debtor's business assets).(a) Application. This Part shall be applicable to all actions and proceedings in the Civil Court of the City of New York. (b) Waiver. For good cause shown, ... Jun 13, 2023 — If you do not know where the judgment debtor has property, then contact an enforcement officer in the county where the judgment debtor resides. Use the packet How to File a Judgment Obtained from a Foreign Jurisdiction. If you were awarded a judgment in another state, you can request that it be enforced ... Search for national federal court forms by keyword, number, or filter by category. Forms are grouped into the following categories: Attorney, Bankruptcy, Civil, ... The Supreme Court declined to answer the question of whether “ricochet judgments” — whereby a foreign judgment is recognized in one Canadian province, and that ... A contempt order may be issued where an examination in aid of execution (R. 60.18) has found that the judgment debtor has hidden property in order to avoid ... The evidence showed that the defendant had received notice of his judgment debtor examination, which was mailed to him in a plain envelope at the salon address. Jul 1, 2023 — ... file a motion for new trial pursuant to rule 1.1004. ... the judge is presiding, or while a motion for new trial or for judgment notwithstanding ...

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New York Sample Letter for Second Motion for Examination of Judgment - Debtor