Legal Question in Credit and Debt Law in New York
Judgements
I recently had a judement filed against me by a finacial institution,relating to a repossed car about three years ago. I need to know how they can collect this debt and if filing bankruptcy will delete this judgement.
1 Answer from Attorneys
Re: Judgements
Question 1: How can they collect.
Answer 1: To briefly answer this question, there are four (4) ways a Judgment Creditor can collect against a Judgment Debtor. They are as follows:
1. Restraining Notices. A creditor can restrain a bank account or any other asset (bonds, stocks, payment from a will) that you may have.
2. Subpoenas. A creditor can serve a subpoena to require attendance for taking a deposition from you to locate assets or to require your production of books and records, or to require the answers to written questions as to your assets.
3. Executions. A creditor can take from you personal property (with some exceptions), your income (10% with some exceptions) and real property (Real Estate with some exceptions).
4. A credor may start a "Special Proceeding" in court to force your compliance.
Question 2. Bankruptcy.
Answer 2. Presently, bankruptcy eliminates the debt.
Mike.