Legal Question in Credit and Debt Law in New York

Collecting a Judgement from Small Claims Court

I am taking a friend to Small Claims court for not paying on a promissory note he and I made up and signed 3 years ago.

My Question is: In the note he agree to have his wages garnished if he did not pay by a certain date. If I win a judgement, will I be able to enforce the garnishment if the company he works for is located out of state? The corporate office is in Chicago and his home office is in Connecticut.

If so, How?

Also, If he refuses to pay after a judgement, will I be able to freeze his savings account or assets at any point? I know where he banks and also his account number.

I know I will have a problem getting him to pay and would like to know what my options are, after a judgement, on how to go about collecting the debt.

Thank you for any and all help.


Asked on 4/07/04, 9:51 pm

1 Answer from Attorneys
Guy Lewit Guy Mitchell Lewit, Esq.

Re: Collecting a Judgement from Small Claims Court

You're out of luck on the garnishment since it is beyond the state and the judgment is enforceable (without further proceedings) instate. You can restrain funds in any identifiable banks owned by the judgment debtor. (note that garnishment of wages is a normal method of enforcement of any judgment...it does not need to be specifically provided for).

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Answered on 4/08/04, 10:42 am


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