Legal Question in Civil Litigation in New York
debtor or creditor? Satisfaction of Judgment responsibility
I won a judgment in small claims and issued a restraining notice on the debtor's bank when i did not receive payment. when notified that her account was frozen, the judgment debtor quickly sent me a money order for the judgment amount (of course this amount didn't include the marshal fee and accrued interest i planned to recover).
i'm willing to eat the marshal fee and consider the judgment paid.
whose responsibility is it to file the satisfaction of judgment? seems strange that i would have to travel to the court and pay for a satisfaction of judgment form when she lost the case.
what about releasing her bank account which was frozen by the restraining notice? as the judgment creditor, do i need to do anything to release it?
I can't find information anywhere as to how to proceed. please help.
1 Answer from Attorneys
Re: debtor or creditor? Satisfaction of Judgment responsibility
It is your responsibility to either sent a satisfaction of judgment document to the defendant or file the document with the court. There should be no charge for the document.
It is your responsibility to release the bank account. To release, contact the Marshal (or the bank) for instructions.
Mike.
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