Legal Question in Credit and Debt Law in New York
Collection of Judgement
I took someone to court and won and was awarded a judgement, but he never paid and he put everything in his girlfriend's name before the case went to trial. He has lived with this woman over seven years, so I don't know if this qualifies as a common law marriage. In any case there is nothing I can repossess because everything is in her name. Is there any way I can force him to pay or does he just get away with disobeying a court order?
2 Answers from Attorneys
Re: Collection of Judgement
There is a legal remedy here. If you can prove that he transferred everything to the woman's name (there is no common lsw marriage in New York, by the way) then you can get a court order directing the marshall or sheriff to disregard the transfer and levy on the assets that were transferred. This is tricky and difficult.
Does this deadbeat have a job? You can serve an income execution.
You can also have the judgment docketed in the Supreme Court, which ensures that the credit reporting agencies will know of the judgment. It also meakes the judgment into a lien on any real estate the deadbeat owns in the county, especially useful if he has a relative in the county who might leave him a house.
Re: Collection of Judgement
Unfortunately there is not much you can do. Mr. Connelly makes suggestions and they are not wrong, but the fact is that the Marshal and/or Sheriff CAN NOT enter a private residence to take possession of assets. If the asset is a car it will cost plenty to have the car seized. Since you did not advise the amount of the judgment it is unknown whether it would be worthwhile to go through the motions of having the assets transferred back pursuant to a proceeding based in fraud. I agree that the judgment ought to be docketed in various counties to tie up your debtor should he seek to borrow money or buy or sell real property. I just don't think your debtor will be doing that anytime soon.