New York Release of Judgment Lien by Creditor

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Multi-State
Control #:
US-OG-540
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Word; 
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Description

If an owner of an interest in real property has had a judgment obtained against him or her, this form addresses a release of that judgment lien.

A New York Release of Judgment Lien by Creditor is a legal document that signifies the satisfaction of a judgment lien placed on a debtor's property by a creditor in the state of New York. This document serves as proof that the debt has been settled or otherwise resolved, and the creditor has released their claim on the debtor's property. The release of a judgment lien is crucial for the debtor as it allows them to regain control of their assets and property, providing them with more financial flexibility. The New York Release of Judgment Lien by Creditor procedure may vary depending on the specific circumstances and the type of lien being released. Here are four different types of New York Release of Judgment Lien by Creditor: 1. Voluntary Release: This type of release occurs when a creditor willingly agrees to release the lien on a debtor's property. It typically happens when the debtor has successfully fulfilled their debt obligation or negotiated a settlement agreement with the creditor. The creditor voluntarily waives their right to the lien, allowing the debtor to regain full ownership and control over their property. 2. Release Upon Satisfaction: In cases where the judgment debt has been fully paid or satisfied by the debtor, the creditor can file a Release of Judgment Lien. This document formally acknowledges that the creditor's judgment has been fulfilled, and the lien is no longer necessary. Once this release is recorded with the appropriate government agency, the lien is removed from public records, and the debtor's property is free from encumbrance. 3. Release by Consent: Sometimes, the debtor may enter into a settlement agreement with the creditor in which both parties agree to a modified payment plan or other alternative form of resolution. In these situations, the creditor may choose to release the judgment lien as part of the negotiated settlement. This Release of Judgment Lien by Consent acknowledges the terms of the agreement and releases the lien after the fulfillment of the agreed-upon conditions. 4. Release by Court Order: In certain cases, the debtor may petition the court to release the judgment lien if they can prove grounds such as payment, satisfaction of the debt, or other valid reasons. Once the court approves the debtor's request, a Release of Judgment Lien by Court Order is issued, effectively terminating the lien on the debtor's property. It is important to note that the specific requirements and procedures for each type of New York Release of Judgment Lien by Creditor may vary. It is advisable for debtors and creditors alike to consult with legal professionals experienced in New York state law to ensure compliance with the appropriate procedures and documentation.

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FAQ

If the defendant does not pay after the thirty day period, you may bring or mail your judgment to us and we will attempt to collect the amount of the judgment plus interest and any fees.

Article 52 of the CPLR addresses the enforcement of money judgments. In the most simplistic terms, Article 52 addresses the property of a judgment debtor that is subject to enforcement and the various tools available to a judgment creditor to enforce a money judgment.

A judgment is good for 20 years, but if the plaintiff wants to enforce the judgment against land it is only good for 10 years unless the plaintiff renews it for another 10 years.

New York Judgment Statute of Limitations The statute of limitations for collecting on a New York judgment is 20 years, which starts the day the judgment creditor is first able to collect on the judgment.

An original judgment lien is valid for 10 years. If the judgment isn't paid by the end of the first 10 years, then the judgment creditor can seek a renewal judgment on the lien that would be valid for another 10 years.

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.

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The Creditor should contact the Trustee in writing at the address listed on the Notice of Bankruptcy to file a claim and to find out whether the judgment debt ... The Creditor must either file the Satisfaction of Judgment with the County Clerk, or provide it to the Debtor so that the Debtor may file it with the County ...The Judgment lien is placed upon real estate by the “docketing” of a Transcript of Judgment with the County Clerk's Office. Once the Judgment is docketed or ... Apr 10, 2023 — To get a judgment lien, the judgment creditor must file a judgment transcript with the county clerk in the county where the judgment debtor's ... Mar 28, 2023 — a letter requesting the subordination that includes: an explanation of your circumstances; an explanation of how New York State will benefit ... Dec 20, 2021 — A judgment lien is created by “docketing” a money judgment with the county clerk in a county where the judgment debtor has an interest in real ... To attach the lien, the creditor files the judgment transcript with the county clerk in the New York county where the debtor's property is located. How long ... Two common ways are by filing on the land records, a written document called a lien or by attaching your wages with a “garnishment.” A lien is a security ... Once your transcript of judgment is filed with the County Clerk, you may request a property execution (Form #199) from our office for the sheriff to attempt ... File the lower court's Transcript of Judgment in the Broome County Clerk's Office. · Complete an Income Execution Form and have it signed by the Broome County ...

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New York Release of Judgment Lien by Creditor