Legal Question in Credit and Debt Law in New York
How do I collect?
Can I garnish wages if I have no employment info? I only have my former tenant's SS# and home address and a judgement, but no job info. I am interested in garnishing wages.
3 Answers from Attorneys
Re: How do I collect?
You just need to track down the debtor's information. You may be better off if you have a judgment putting a lien on the debtor's bank account- maybe you have a copy of an old check he used to pay you for rent with his bank info. Money can then be paid to you directly from his frozen bank account up to the amount you are owed - possibly in one lump sum if that much is in the account. The local sheriff's office could help you with this or a collection attorney. With a wage garnishment you can only collect a maximum of 10% of each paycheck untl you are paid off. Unless the debtor has a large salary this may be too little spread out over a long time and gives the debtor more time to respond by possibly filing bankruptcy ensuring you will never get paid.
Re: How do I collect?
Yes, but you will need the info first.
Re: How do I collect?
This is a better problem than how to get rid of a non-paying tenant.
This is a problem that can be solved. A credit check will give some information. Finding his new residence can produce the same result, but more slowly. First you must subpoena him to a debtor/creditor information hearing. Then, (assuming he does not show and yield up that information) you may have a warrant for his arrest issued.
You can get the information and you can get him to pay for your costs in collecting.
You are welcome to a consultation for no fee at my offices at 42 west 44th street, NY,NY. Please call for an appointment first (646) 591-5786.