Legal Question in Credit and Debt Law in New York

unified enforcement of foreign judgement act and alimony collection

What are all the means available in Kentucky for the enforcement of a judgement obtained in New York for the collection of alimony payments. The law is very forceful in executing a judgement for the collection of child support payments. Is it less so for ex-spousal maintenance?

Specifically, are the following instruments available for judgement execution in KY: (1) garnishment of wages (2)collection from retirement funds ie Sep-ira (3) liens on property (4) others ?

Thank You


Asked on 2/07/02, 8:15 am

1 Answer from Attorneys

E. Brian Davis Davis Law Office

Re: unified enforcement of foreign judgement act and alimony collection

Once the New York judgment is "localized" in Kentucky,

a variety of collection procedures are available. The

debtor's wages can be garnished. A lien can be placed on

any real property he owns. Money in bank accounts can be

seized. The sheriff can seize and sell his non-exempt

personal property.

Pensions are largely exempt under Kentucky law, so attempting

to seize money from a pension fund may not be possible depending

on the circumstances.

Generally speaking, there are now more avenues to collect back

child support, including criminal prosecution in some circumstances,

than to collect other debts, including debts for maintenance.

That said, an aggressive creditor has a number of avenues in Kentucky

to collect on judgments and can use post-judgment

discovery to force the debtor to answer questions under

oath about his/her assets.

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Answered on 2/07/02, 10:56 am


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