Legal Question in Civil Litigation in New York

Court Settlement

I have settled a claim in the civil court to win back a loan that I gave someone, I won and I was suppose to receive 75% of my settlement by the deadline of Feb28th Which I did not the judge told the defendent that if he didn't pay by that time he will pay the full amount with interest so I went back to court filed a judgement to get the full amount which I was awarded......Still he has not paid me a dime but he offered me the motorcycle which the original money was used for the motorcycle is only worth 15500 he owes me 23 thousand and etc.Now I am wondering since I already have a lien on his home only and cannot find his banking area, to put a lein on that, if I do take the motorcycle which originally the judge awared me the 15500 and I sell it for whatever, more or less what happens to the balance of the money that was awarded to me, should I take the bike? and sell it myself and then let the courts know what I got for it to delete it from the whole total CAN I even do that,Will I still be able to have a lein for the balance through the courts, should I do this, It's been almost two months since he was suppose to pay me, he did say if he gave me the bike he is done with his payment at least he thinks so and I hope not Confused.?


Asked on 4/15/07, 5:46 am

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Court Settlement

You can take the motorcycle. However if the defendant is smart he will not give it to you unless you sign a release. If you do, then that's it.

On the otherhand, you should be able to get a lien on the bike and try to take it as part payment, then you auction it off and if it doesn't cover you can go after the rest. Or, you can try to force the guy to sell the real property, or encumber it so that you can be paid.

I think it is time to get an attorney involved as this can be time consuming work and can be accomplished faster by a lawyer who does this type of collection everyday.

Good Luck

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Answered on 4/15/07, 6:21 pm


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