Accounts Retrievable Systems - Collecting The Judgment
After you have provided the enforcement officer with information on the judgment debtor’s assets, he or she can serve a restraining notice on the bank, or on some other person or business that owes money to the judgment debtor, and eventually take the money. If the judgment debtor is employed, the enforcement officer can garnish (take) a portion of his or her salary to satisfy the judgment.
You may also check with the Department of Motor vehicles to find out if the judgment debtor owns a car. Visit the New York State Department of Motor Vehicles website for more information. If the judgment debtor owns a car, the enforcement officer can take the car and sell it to pay your judgment. You must give the enforcement officer the model, year, license plate and location of the car. If the judgment debtor borrowed money to buy the car, that loan must be paid out of the proceeds of the sale before you can get any money. Also, you will have to pay towing and storage fees in advance to the enforcement officer. These fees can typically be $150.00 or more.
You may also be entitled to suspend a judgment debtor’s driver’s license. If your small claims case was based on the judgment debtor’s ownership or operation of car, the Department of Motor Vehicles may suspend the judgment debtor’s driver’s license and registration privileges until the judgment is paid. The amount of the judgment must be more than $1000.00 and must be unpaid for more than 15 days. The clerk can give you more information on this method or you may visit the New York State Department of Motor Vehicles website.
If your small claim relates to the judgment debtor’s business, and the business is licensed or certified by a state or local authority, you can notify that authority if your judgment is not paid within 35 days after the judgment debtor received notice of the judgment. Failure to pay a judgment may be considered by the licensing agency as grounds for revoking, suspending, or refusing to grant or renew a license to operate a business. To find a list of some licensing agencies in new York City go to the Department of Consumer Affairs.
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 is licensed, the appropriate licensing authority as well. Refer to the Attorney General to visit the website.
If the judgment debtor fails to pay three or more recorded judgments despite having sufficient resources to pay them, you may be able to sue the judgment debtor for triple damages. Check with the small claims clerk to find out if the judgment debtor is listed in the index of unsatisfied judgments maintained by the court. To find out where to go in your county, go to Locations.
Article Source: www.nycourts.gov
Call Accounts Retrievable System For More Info at (800) 327-4687