Legal Question in Credit and Debt Law in New York

Me and my girlfriend purchased a lemon and took the dealership to small claims court for the full amount of the vehicle. We were awarded the judgment of $2,420.00. This was the easy part because its collecting the money that is the hard part. We were advised by an employee of the courts that since we payed cash for the vehicle we would have a hard time getting a Marshall involved and finding their account assets. We took further action and went to the DMV because we were advised to do so by the employee of the court. The DMV then sent letters out to both us and the corporation, stating that their license would be suspended if they did not pay the judgment. They still have yet to pay the judgment, and they are still selling cars from their shop, where do I have to turn to next to get my money back?


Asked on 12/02/10, 9:17 pm

2 Answers from Attorneys
Jason Stern Law Offices of Jason Stern

If you can find out what bank the dealership has their account at, it could be as easy as sending an information subpoena and restraining notice to the bank. The fact that you paid cash is wholly irrelevant to the process of enforcing your judgment.

If you need further assistance, you can contact me by email. Good luck!

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Answered on 12/07/10, 9:40 pm
Michael Markowitz Michael A. Markowitz, PC

I assume that since this is an active dealership there are cars located on the lot. Therefore, I would contact the Marshall for a property execution on all inventory (the cars) held by the judgment debtor.

Mike.

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Answered on 12/08/10, 5:45 am


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