I have a judgement now what?????

Question

Ok I won a small claims judgement in oct. 2006. The woman never paid, so I certified her...still no money so I sent her a subpoena of information (where she suppose to tell me where all her assets ect are loacted) well she never filled it out...so I'm at a loss as to where to go from here....I'm in NY any suggestions??? THANKS

Answer 1

Usually, after winning a judgment, the defendent has 14 days to pay (unless you arrange for payments with the judge at the time).

If they don't pay, you just go back to court and ask for a garnishment. It's almost automatic.

Sometimes the court will order the sherriff to go to the home and confiscate assets to sell them, but most often the judge will order a wage garnishment of up to 40% take home pay.

Answer 2

If you know of any property that she owns (including her home), you can attach that! Contact a local attorney for help, because you will have to follow your district's rules of procedure in order to attach it. But basically what happens is this: You give her notice that if she doesn't pay by a certain date, then her property will be put up at auction. IF it sells at auction then you get paid from the auction payment and she gets the rest. BUT if it doesn't sell, then YOU can purchase the property for the amount of the judgment. (Most don't realize you can do this.) The court will issue a quitclaim deed to the purchaser, and she has a year to pay the auction price to the purchaser to get her property back. If she doesn't pay, then the purchaser can file a Quiet Title action and they get the property free and clear. (File that quiet title judgment with the recording office!!! it helps if you want to then sell the property.)

Please Note:
A garnishment is NOT legal in all states. It might be in your state, but it is not in some.

Answer 3

Does she own a home? You may be able to place a lien on her home for the outstanding debt - check with an attorney - while you will not get your money until she sells the house (or someone else forecloses on her for not paying that obligation). The garnishment is a good option, but if she is determined not to pay you, she can "hopscotch" from job to job forcing you to be two steps behind her. When she changes jobs, you literally have to start the garnishment process (interrogatories, withholding order, etc.) with the new employer each time. Good luck to you.

Answer 4

HOW CAN I COLLECT MY JUDGMENT? Winning a judgment does not guarantee you will collect. The court provides some help in collection of judgments. For example, prior to rendering judgment, the court can order the defendant to disclose his or her assets and restrain the defendant from disposing of them. However, you must take the necessary steps to obtain payment of your judgment. After winning a judgment in your favor, you should try to contact the losing party to collect your judgment. If the defendant does not pay you, you may need the services of an enforcement officer - a sheriff, city marshal, or a constable. You must provide that office with the information needed to locate assets (money or property) of the defendant, and the enforcement officer then end of page 7. [Begin page 8] can seize those assets to satisfy your judgment. The enforcement officer may request mileage and other fees before he or she seizes the assets. In many circumstances, these fees later can be added to the original judgment amount you receive from the defendant. Property which may be reached by an enforcement officer includes: bank accounts, wages, houses or other real estate, automobiles, stocks and bonds.'' this is in new york BTW''
hope it helps... good luckOTHER ENFORCEMENT PROCEDURES

1. Claims Based on Motor Vehicle Ownership If your claim was based on the defendant’s ownership or operation of a motor vehicle, you may be able to have the Department of Motor Vehicles suspend the defendant’s drivers license and auto registration until the judgment is paid. To take advantage of this procedure, you must have a judgment for over $600 which has remained unpaid more than 15 days after it becomes final. Ask the clerk for details of this procedure.

2. Licensing Agencies If the judgment debtor is engaged in a business that is licensed or certified, you may notify the appropriate state or local authority if the judgment remains unpaid 35 days after the judgment debtor receives notice of entry of the judgment. The failure to pay a judgment may be considered by the licensing authority as a basis for the revoking, suspending, or refusing to grant or renew a license to operate a business. If the judgment debtor is a business that the court finds to be engaged in fraudulent or illegal conduct, you have the right to notify the Attorney General and, if the business if licensed, the appropriate licensing authority as well.

Answer 5

The next step would be to have the courts garnish her wages plus the interest accrued.

Answer 6

find out if she has a checking account and attach it using the judgement. they can only take so much out and each time and you need a new judgement each time as well. but that beats not getting your dough.

Answer 7

Your wasting your time, A judgment doesn't mean jack!
Did you ever consider she has nothing!
Or
Perhaps she protected her assets from litigation.
Failure to pay a debt is not a crime...

Answer 8

Let the police know that she failed to follow a court order.