Legal Question in Civil Litigation in New York
Civil Case
In 2005, I entered into a joint agreement with a person I thought I could trust with the purchase of a vehicle. The vehicle was purchased with my credit with the understanding that the other person would make the monthly payments, which she hasn;t and claims that I agree to make the monthly payments if she can;t, which I denied. I've taken legal action and have an attorney representing me. I submitted a retainer of $ 2,500 to my attorney in November of 2005. In April 2008, I went to court and testified and explain how all this transpired. My attorney indicated that the other person is in default for not answering the compalint against her. He also indicated that a hearing was held and a judgement was granted. The other person was never my wife nor have we been romanitically invloved. The vehicle is a 5 year plan, 60 payments which I made 37. she made only 4, with 19 payments remaining. The total purchase of vehicle is $ 28,497.00. My real question is since I never been invloved in a lawsuit, I'm wondering if you can tell me is it normal for a case of this nature to take for as long as it has, and what is the likely outcome of this case. I realize the are questions I should ask my attoeny, but I want to ask you instead.
1 Answer from Attorneys
Re: Civil Case
Cases like this can take a very long time, so it is not unusual to have this time delay.
Once you have a judgment you can collect against the other individual, by garnishment of wages or seizure of assets. In 19 month you can even take the car away from her.
Your lawyer should make all efforts to enforce the judgment. However, there is no guarantee that the person has assets which can be recovered.
Good luck
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