Legal Question in Credit and Debt Law in New York

Collecting a small claims judgment out of state

To Whom It May Concern:

I recently won a judgment for a small claims case filed in Rockland County, NY. I was awarded the county�s maximum limit of $3,000 plus any additional fees I may incur throughout the collection process. Shortly after I was awarded the judgment, the defendant moved to Florida. I filed a transcript of judgment in Rockland County, NY and was told that I needed to request an exemplified judgment in order to collect my settlement in Florida. I�ve been informed that the exemplified judgment has been approved and signed by the judge. My question has two parts. First, what are the next steps I need to follow in order to collect my judgment from the defendant in Florida? Also, should I need to hire an attorney, can I hire and attorney in New York to settle my affairs or do I need to obtain representation from an attorney in Florida? I would appreciate any assistance you could offer me in this matter.


Asked on 4/15/09, 6:34 pm

1 Answer from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: Collecting a small claims judgment out of state

Q. First, what are the next steps I need to follow in order to collect my judgment from the defendant in Florida?

A. You must file the exemplified judgment with the county clerk where the defendant resides in Florida.

Q. Also, should I need to hire an attorney, can I hire and attorney in New York to settle my affairs or do I need to obtain representation from an attorney in Florida?

A. You would need to retain an attorney licensed to practice law in Florida.

Mike.

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Answered on 4/16/09, 8:05 am


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