Legal Question in Credit and Debt Law in New York
How can I make sure the defendant pays
Once you win a claim for a personal loan from another person that has not been paying, what steps could I take to make sure the defendant pays? Is there a type of collection agency that the court has to make sure they pay? Are there collection agencies that I could get to make sure the defendant pays?
1 Answer from Attorneys
Re: How can I make sure the defendant pays
The Court does not collect judgements. If you win a judgement have the Court clerk execute a transcript of judgement, which is then filed with the county clerk's office with a ten dollar fee. At this point depending on the amount of the judgement you can effect a wage garnishment through the county sheriff's office or, if the judgement debtor has assets such as bank or checking accounts, which you can find out by issuing an information subpoena (blanks are available at legal supply stores) you can attach those assets. If the judgement debtor fails to comply with the subpoena, you can apply for a contempt of Court citation to require an answer.
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