Legal Question in Credit and Debt Law in New York
Collecting Judgement when debtor has subsequently married and changed name
I won a judgement against a person who never showed up in court. The judgement was in her then maiden name. This person has married, moved out of state and added her husbands name to her name, so now she has 2 last names. Can I still enforce this judgement with the name change? I have her social security number. Anyhelp would be appreciated.
Thank you!
3 Answers from Attorneys
Re: Collecting Judgement when debtor has subsequently married and changed name
Dear Reader:
In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.
You can continue to try to collect your money. You can hire a collections agency or a skip tracer to try to find her, and then there will be some more legal proceedings to make your judgment legal in that state. Sorry, but you probably have to hire a lawyer to do the work over there, and split your winnings with him/her.
It's done every day.
As I mentioned before, this is something that you will want to take up with a lawyer of your own selection, either in your state or area or in a place where some of the pertinent events occurred.
Rod Kovel
Attorney at Law
516-312-9900
Re: Collecting Judgement when debtor has subsequently married and changed name
You can still enforce the Judgment in the State of New York. However, you would have to domesticate the Judgment in the state where the Judgment Debtor resides in order to have the Judgment enforced against her in that state.
Mike.
Re: Collecting Judgement when debtor has subsequently married and changed name
What state did she move from, and where did she move to?